Factors Like Nature Of Crime, Methodology Adopted Assume Significance In Denying Bail To A Juvenile: Allahabad High Court
2 years, 1 month ago

Factors Like Nature Of Crime, Methodology Adopted Assume Significance In Denying Bail To A Juvenile: Allahabad High Court

Live Law  

The Allahabad High Court has observed that factors such as the nature of the crime, the methodology adopted, the manner of commission, and the evidence available assume ample significance in deciding to deny bail to a juvenile. The bench of Justice Jyotsna Sharma observed thus as it stressed that bail to a juvenile is not a must in all cases as it can be denied if, in the opinion of the. The bench of Justice Jyotsna Sharma observed thus as it stressed that bail to a juvenile is not a must in all cases as it can be denied if, in the opinion of the Court, his release would defeat the ends of justice. This provision says that a Juvenile shall not be released on bail if there appear reasonable grounds for believing that his release would defeat the ends of justice.

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History of this topic

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused
1 week, 6 days ago

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused

Live Law  

The Allahabad High Court on Monday denied bail to one Halkaee Ahirwar, who has been accused of committing gang rape against a 14-year-old girl in April this year and making viral a video of the entire incident. A bench of Justice Shekhar Kumar Yadav rejected his bail plea, emphasizing that the victim is an 'innocent' 14-year-old girl and that the …

Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court
6 months, 1 week ago

Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has extended bail to a juvenile accused in a case registered under Sections 376, 506 of the Indian Penal Code, and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012. Subsequently, the JJ Board conducted a preliminary assessment under Section 15 of the Juvenile Justice Act, 2015, and ordered that the accused be …

Scrutiny In Proceedings Must Be Avoided To Insulate & Protect Juvenile: J&K High Court Slams Disclosure Of Identity Of Juveniles In Conflict With Law
8 months, 1 week ago

Scrutiny In Proceedings Must Be Avoided To Insulate & Protect Juvenile: J&K High Court Slams Disclosure Of Identity Of Juveniles In Conflict With Law

Live Law  

The Jammu and Kashmir and Ladakh High Court has come down heavily on courts operating in the Union Territories for routinely disclosing the identities of juveniles in conflict with law in their orders. While granting bail to a 17-year-old boy accused of attempted murder in Samba district Justice Sanjeev Kumar observed, “Courts working in the Union Territory of Jammu and …

Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court
1 year, 4 months ago

Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court

Live Law  

The Delhi High Court has said that the trial court is required to give a prima facie view stating that on what basis charges have been framed against an accused under the Juvenile Justice Act. However, the court is required to give prima facie view that on what basis the charges were framed,” Justice Dinesh. However, the court is required …

Juvenile Justice Board's Decision To Try Child As Adult Must Be Transparent And Fair: Bombay High Court
1 year, 5 months ago

Juvenile Justice Board's Decision To Try Child As Adult Must Be Transparent And Fair: Bombay High Court

Live Law  

Owing to several procedural lapses by the Juvenile Justice Board, Yavatmal, the Bombay High Court ordered re-adjudication of a plea to try two juveniles as adults in the case of a gang-rape of a minor girl. Justice GA Sanap at the Nagpur bench noted that the JJB’s roznama didn’t specify if the juveniles or their advocates were even given a …

Allahabad High Court Grants Bail To Juvenile U/S 12 JJ Act, Says Nature Of Offence Not A Relevant Ground For Rejection
1 year, 9 months ago

Allahabad High Court Grants Bail To Juvenile U/S 12 JJ Act, Says Nature Of Offence Not A Relevant Ground For Rejection

Live Law  

A bench of Justice Sanjay Kumar Pachori of Allahabad High Court granted bail under section 12 of JJ Act to a person, who was at the time of incident juvenile and accused of heinous offence. The bail application of the accused person charged under Sections 302,201,34 of Indian Penal Code was rejected by the JJ Board on the ground of …

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court
2 years, 1 month ago

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court

Live Law  

Stressing that seeking anticipatory bail under Section 438 of CrPC is only a statutory right, the Allahabad High Court earlier this week said that the second and successive anticipatory bail application is not maintainable.The bench of Justice Suresh Kumar Gupta further observed that as opposed to Section 439 of CrPC, which flows from Article 21 of. Stressing that seeking anticipatory …

Bombay High Court grants bail to 17-year-old murder accused being tried as an adult
2 years, 1 month ago

Bombay High Court grants bail to 17-year-old murder accused being tried as an adult

India Today  

While granting bail to a 17-year-old boy who was being tried as an adult, Justice Bharti Dangre of the Bombay High Court said that merely because a juvenile is being tried as an adult does not mean that he can be denied the benefit of the provisions of the Juvenile Justice Act. The 17-year-old was seeking bail under Section 12 …

'Education cannot be discontinued': Bombay HC grants bail to juvenile accused of gang-raping minor
2 years, 3 months ago

'Education cannot be discontinued': Bombay HC grants bail to juvenile accused of gang-raping minor

India Today  

The Bombay High Court has granted bail to a man who was arrested in a gang-rape case two years ago when he was a juvenile, noting that he has responded positively to the rehabilitative efforts. With the principle of ‘presumption of innocence’ incorporated in Section 3 of the Juvenile Justice Act, he is presumed to be innocent till he is …

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court
2 years, 4 months ago

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the trial court does not have the power under Section 94 of Juvenile Justice Act, 2015 to determine the age as contested by the accused and that the same can be exercised only by the Juvenile Justice Board. Setting aside the order passed by the lower court whereby it had …

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court
2 years, 4 months ago

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a case involving juvenile in conflict with law who allegedly committed offences punishable under Sections 379-B, 427, 511 of the IPC, held that if the juvenile in conflict with law suo motu makes appearance before Juvenile Justice Board concerned in respect of the petition offences, thereupon the said appearance would be …

"13 Yrs Of Incarceration Sans Conclusion Of Trial Violated His Right To Speedy Trial": Allahabad HC Grants Interim Bail To Murder Accused
2 years, 4 months ago

"13 Yrs Of Incarceration Sans Conclusion Of Trial Violated His Right To Speedy Trial": Allahabad HC Grants Interim Bail To Murder Accused

Live Law  

The Allahabad High Court last week granted bail to a murder accused as it noted that 13 years of incarceration without conclusion of the trial had violated his fundamental right to a speedy trial.The bench of Justice Ajay Bhanot was dealing with the 4th bail application of the murder accused seeking his release on bail in a criminal case under …

Allahabad High Court Grants Bail To A Murder-Convict In Jail For 17 Years In View Of SC's Order In 'Saudan Singh' Case
2 years, 8 months ago

Allahabad High Court Grants Bail To A Murder-Convict In Jail For 17 Years In View Of SC's Order In 'Saudan Singh' Case

Live Law  

Taking into account the recent ruling of the Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, the Allahabad High Court on Thursday granted bail to one Hari Bhawan who has already served over a total of 17 years in jail.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav also took into account the recent …

Allahabad High Court Grants Bail To Murder-Convict In Jail For Over 16 Yrs In View Of SC's Order In 'Saudan Singh' Case
2 years, 8 months ago

Allahabad High Court Grants Bail To Murder-Convict In Jail For Over 16 Yrs In View Of SC's Order In 'Saudan Singh' Case

Live Law  

Taking into account the recent ruling of the Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, the Allahabad High Court on Wednesday granted bail to one Fareed who has already served over a total of 16 years in jail.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav also took into account the recent observations …

Can't Deny Bail To A Juvenile If A Similarly Circumstanced Adult Offender Has Been Granted Bail: Allahabad High Court
2 years, 8 months ago

Can't Deny Bail To A Juvenile If A Similarly Circumstanced Adult Offender Has Been Granted Bail: Allahabad High Court

Live Law  

The Allahabad High Court has reiterated that a Juvenile has a right to be released on bail where a similarly circumstanced adult offender has already been extended that liberty.The Bench of Justice Shamim Ahmed was of the further view that once the adult co-accused has been admitted to bail, there would be no justification to additionally test the case of …

Identity Of Juvenile Is Not To Be Disclosed: Allahabad High Court Reminds Its Registry
2 years, 9 months ago

Identity Of Juvenile Is Not To Be Disclosed: Allahabad High Court Reminds Its Registry

Live Law  

The Allahabad High Court has reiterated that the identity of a juvenile/ child in conflict with law must not be disclosed. The counsel also stated that the revisionist has no criminal antecedent, it was further submitted that Juvenile Justice Board as well as the Appellate Court have not appreciated the Social Information Report of the Probation Officer in its right …

Can A Juvenile Seek Anticipatory Bail U/S Section 438 CrPC? Calcutta High Court Refers Question To Larger Bench
2 years, 11 months ago

Can A Juvenile Seek Anticipatory Bail U/S Section 438 CrPC? Calcutta High Court Refers Question To Larger Bench

Live Law  

The Calcutta High Court on Thursday referred to a larger bench the legal issue as to whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure at the behest of a juvenile is maintainable. A Bench comprising Justice Arijit Banerjee and Justice Bivas Pattanayak was adjudicating upon an application for anticipatory bail sought by four …

Criminal Appeals Not Likely To Be Heard Soon In Allahabad HC : Supreme Court Grants Bail To 2 Prisoners
3 years, 3 months ago

Criminal Appeals Not Likely To Be Heard Soon In Allahabad HC : Supreme Court Grants Bail To 2 Prisoners

Live Law  

Taking into consideration the pendency of criminal appeal before Allahabad High Court since 2007 and 2013 and the unlikeliness of the same being heard in near future, the Supreme Court on Friday granted bail to two accused who have already undergone incarceration for more than 15 and 12 years. Considering that the petitioners have already undergone 15 years of incarceration, …

"Crime Against Woman's Holy Body, Monstrous Burial Of Dignity": Allahabad HC Denies Anticipatory Bail To Minor Girl Gang-Rape Accused
3 years, 3 months ago

"Crime Against Woman's Holy Body, Monstrous Burial Of Dignity": Allahabad HC Denies Anticipatory Bail To Minor Girl Gang-Rape Accused

Live Law  

Underscoring that crime against the women is a monstrous burial of dignity in the darkness, and it against the holy body of a woman and the soul of a society, the Allahabad High Court last week denied anticipatory bail to a man accused of gang-raping a minor.The bench of Justice Chandra Dhari Singh denied bail to the accused noting that …

"Not A Child But A Neo-Adult': Delhi Court Grants Bail To 19 Year Old Murder Accused
3 years, 5 months ago

"Not A Child But A Neo-Adult': Delhi Court Grants Bail To 19 Year Old Murder Accused

Live Law  

A Delhi court granted bail to a 19-year-old accused of murder charges by opining that the accused may be an adult in the eyes of law, however, his mental age might not be in consonance with the legislated age of maturity. Additional Sessions Judge Vishal Gogne of the Dwarka District Courts observed, "The applicant, 19 years in age, is not …

Factors Which May Not Be Relevant To Determine The Guilt Of Accused Can Be Considered At The Stage Of Sentencing: Supreme Court
3 years, 9 months ago

Factors Which May Not Be Relevant To Determine The Guilt Of Accused Can Be Considered At The Stage Of Sentencing: Supreme Court

Live Law  

Factors which may not be relevant to determine the guilt of the accused can be considered at the stage of sentencing, the Supreme Court observed.In this case, the accused were convicted under Sections 344 and 366 of the Indian Penal Code for allegedly conspiring with the other accused to kidnap a minor girl. Factors which may not be relevant to …

Anticipatory Bail Once Granted Does Not Automatically End With Filing Of Chargesheet, Reiterates Supreme Court
3 years, 9 months ago

Anticipatory Bail Once Granted Does Not Automatically End With Filing Of Chargesheet, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that the anticipatory bail once granted does not automatically end on the filing of the charge­sheet.In this case, the Allahabad High Court, on an application made by the complainant­ held that the anticipatory bail granted to the accused by the Trial Court came to an end with the filing of a charge­sheet, and directed him to …

Allahabad High Court Grants Bail To Murder Accused Incarcerated For 7 Yrs Without Production Of Any Evidence/ Witness Against Him
3 years, 10 months ago

Allahabad High Court Grants Bail To Murder Accused Incarcerated For 7 Yrs Without Production Of Any Evidence/ Witness Against Him

Live Law  

The Allahabad High Court recently granted bail to a murder accused, imprisoned since more than seven and a half years, without production of any material witness or evidence against him in the Trial Court. Even counter affidavit of the CBI is silent with regard to the time frame within which the said two witnesses are to be produced in the …

Strictly Adhere To Provision Of Juvenile Justice Act, Approach Juvenile's Case With Care & Sensitivity: Meghalaya HC To JJ Boards
4 years, 1 month ago

Strictly Adhere To Provision Of Juvenile Justice Act, Approach Juvenile's Case With Care & Sensitivity: Meghalaya HC To JJ Boards

Live Law  

"The Court deems it fit and proper to call upon all the Juvenile Justice Boards in the State to strictly adhere to the statutory provision of Section 12 of the JJ Act, 2015 while considering the issue of grant or refusal of bail for a CCL and to approach any case where a juvenile is involved with care and sensitivity", …

Allahabad High Court Denies Bail To Hafiz of Mosque Who Allegedly Molested A 9 Yr Old Girl [Read Order]
4 years, 1 month ago

Allahabad High Court Denies Bail To Hafiz of Mosque Who Allegedly Molested A 9 Yr Old Girl [Read Order]

Live Law  

The Allahabad High Court recently refused to release a Hafiz of a mosque on bail, who has been accused of molesting a 9-year-old girl. The Bench of Justice Neeraj Tiwari was hearing a bail application which was filed for enlarging the applicant on bail in Case Crime No. It was also submitted that he had no criminal history and is …

'Juvenile Has Put Society On Alarm; Made Children Feel Unsafe' Allahabad High Court Denies Bail To Juvenile Accused Of Raping 6 Yr Old Girl
4 years, 1 month ago

'Juvenile Has Put Society On Alarm; Made Children Feel Unsafe' Allahabad High Court Denies Bail To Juvenile Accused Of Raping 6 Yr Old Girl

Live Law  

The Allahabad High Court recently refused to interfere with the order of Special Judge Kanpur Nagar dismissing Criminal Appeal No.30 of 2019 of a Juvenile accused of raping a 6-year-old girl. The Juvenile Justice Board by their order dated 08.01.2019 adjudged the revisionist was 'a child in conflict with law' aged 14 years, 3 months and 15 days on the …

Juvenile Justice Act : Grant Of Bail The Norm, Says P&H HC While Reprimanding JJB Head For 'Uncaring, Inept' Denial of Bail [Read Order]
4 years, 5 months ago

Juvenile Justice Act : Grant Of Bail The Norm, Says P&H HC While Reprimanding JJB Head For 'Uncaring, Inept' Denial of Bail [Read Order]

Live Law  

The Punjab and Haryana High Court on Monday rapped the Presiding Officer of a Juvenile Justice Board, stating that an "uncaring and inept discharge of functions" by judicial officers entrusted with the duty of giving effect to a "welfare legislation" would defeat the very purpose of constituting such Boards. The petitioner before the Court, a minor aged 17 years, had …

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