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High Court granted Bail to the Juvenile as No Material was made out to bring the case within the Ambit of Exceptions

Team SoOLEGAL 22 Aug 2022 4:52pm

High Court granted Bail to the Juvenile as No Material was made out to bring the case within the Ambit of Exceptions

New Delhi: In the case of Juvenile in Conflict with Law 'A' through his mother Ritu V. State of Punjab, the single judge bench of Justice Avneesh Jhingan of the Punjab and Haryana High Court granted bail to the child in conflict with the law as the case did not fall within the ambit of exceptions provided in section 12 of the J.J Act.

According to the facts of the case, the complainant filed an FIR against the occupants of the automobile, and the child in conflict of the law was also present in the car. They were armed with Kirpans and datars. Following that, the bail application was denied by the Juvenile Justice Board's principal magistrate on the grounds that it is neither suitable nor expedient to release the child in conflict of the law on bail.

The learned counsel appearing on the petitioner's behalf stated that the petitioner has been in custody since November 19, 2021, citing Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

The state’s learned counsel maintained that there is no Social Investigation Report indicating that CCL is likely to commit a criminal offense.

According to Section 12 of the J.J. Act, the general rule is bail, and bail is only rejected in circumstances that fall under the exceptions given in the Section. In the present case, no material has been produced to support the petitioner's position in the exclusions carved out under Section 12 of the J.J. Act. Following that, the court granted bail on the grounds that the petitioner has been in detention since November 19, 2021, that he is not involved in any other case, and that there is no material to bring the case within the scope of the exceptions provided in Section 12 of the J.J. Act.



Tagged: High Court   Bail  
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