Utt HC | Denial of bail on sole ground of apprehension that he may commit crime again, overturned by the Court

Uttarakhand High Court

Uttaranchal High Court: R.C. Khulbe, J. granted bail in a criminal revision petition moved against the order of Juvenile Justice Board (JJB), Dehradun as well as a judgment by Addl. Sessions Judge (POCSO)/FTC, Dehradun against the petitioner.

The bail application was rejected by JJB on sole ground that he may again commit an offence. The Court after bare reading of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 held that “the Courts below had erred in law in not releasing the juvenile on bail.” Grandfather of the Juvenile was asked to furnish two sureties and personal bond of Rs 50,000 and he was given the custody of the juvenile. The condition of bail was subject to appearance of juvenile and his grandfather every month before the JJB. Court also clarified that in case of violation of these conditions, the State will be at liberty to approach the JJB for cancellation of bail.

In the view of above conditions, the criminal revision was allowed.[Ayaan Ali v. State of Uttarakhand, 2022 SCC OnLine Utt 75, decided on 16-02-2022]


Appearances by:

Mr Aditya Singh, counsel holding brief of Mr Rajat Mittal counsel for the revisionist.

Mr V.K. Jemini, Dy.A.G. for the State.


Suchita Shukla, Editorial Assistant has reported this brief.

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