{"id":279712,"date":"2022-12-16T09:00:11","date_gmt":"2022-12-16T03:30:11","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=279712"},"modified":"2022-12-21T11:55:17","modified_gmt":"2022-12-21T06:25:17","slug":"uttaranchal-high-court-grants-bail-to-a-child-in-conflict-with-law-considering-that-she-was-young-and-had-less-understanding-to-differentiate-between-right-and-wrong","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/12\/16\/uttaranchal-high-court-grants-bail-to-a-child-in-conflict-with-law-considering-that-she-was-young-and-had-less-understanding-to-differentiate-between-right-and-wrong\/","title":{"rendered":"Uttaranchal High Court grants bail to a Child-in-conflict with law considering that she was young and had less understanding to differentiate between right and wrong"},"content":{"rendered":"
\n

   <\/p>\n

Uttaranchal High Court:<\/b> A Single Judge Bench of Ravindra Maithani, J. granted bail to a Child-in-conflict of law (CIL) relying on the fact that she was young, could not differentiate between what was right and wrong and she had good atmosphere in her family. Further, the Court set aside the orders passed by the Juvenile Justice Board and District and Sessions Court by which the application of bail was rejected.<\/p>\n

Background<\/b><\/p>\n

In the present case, the revisionist was a Child-in-Conflict with Law (CIL) and was seeking bail. According to the FIR, the CIL took the victim, a young girl of 13 years of age, in a garden and there she left the victim in the company of the co-accused, who raped the victim. Therefore, the revisionist challenged the order of the Juvenile Justice Board by which the bail application under Section 366-A<\/a> of the Penal Code, 1860<\/a> and Sections 16<\/a> and 17<\/a> of the Protection of Children from Sexual Offences Act, 2012<\/a> had been rejected. Further, the revisionist also challenged the order passed by the District and Sessions Judge by which the bail rejection order passed by the Juvenile Justice Board had been affirmed.<\/p>\n

Submissions on behalf of the Revisionist<\/b><\/p>\n

It was submitted that the CIL did not commit any offence and she was a young girl therefore, she did not know what had happened and she had no role in any act that had allegedly been committed by the co-accused.<\/p>\n

Analysis, Law, and Decision<\/b><\/p>\n

The Court noted that the counsel for the CIL had placed before the Court, the report of the Probation Officer which revealed that the CIL was a young girl, her family was poor, and she had less understanding to distinguish between right and wrong and her family atmosphere was also good. The Court further noted that the father of the CIL wanted custody of the CIL.<\/p>\n

The Court held that a CIL was entitled to bail, irrespective of the offence being classified as bailable or non-bailable. The Court stated that “the only rider which prevented release of a CIL on bail, even in bailable offence was contained in proviso to Section 12(1)<\/a> of the Juvenile Justice (Care and Protection of Children) Act, 2015<\/a>. According to it, a CIL may be denied bail even in bailable offences, if the release of the CIL may bring him in association with any known criminal or expose him to moral, physical, or psychological danger, or otherwise his release may defeat the ends of justice”<\/i>.<\/p>\n

The Court further stated that “the Act was based on certain principles, which were given under Section 3 of the Act and one of the principles was that it was the primary responsibility of the biological family or adoptive or foster parents, as the case may be, of a child to care, nurture and protect the child”<\/i>.<\/p>\n

The Court, after considering all the facts, held that there was no impediment in the grant of bail to the CIL. Therefore, the Court set aside the orders passed by the Juvenile Justice Board and District and Sessions Court and held that revision deserved to be allowed. Lastly, the Court directed the father of the CIL to take care of the CIL and to not allow her to contact any of the witnesses or their family members.<\/p>\n

[Nirmala v. State of Uttarakhand, 2022 SCC OnLine Utt 1586<\/a>, decided on 12-12-2022<\/span>]<\/p>\n\n

Advocates who appeared in this case :<\/p>\n

Vaibhav Singh Chauhan, Advocate, for the Revisionist;<\/p>\n

Lalit Miglani, AGA, for the Respondent.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

A Child-in-conflict with law (CIL) was granted bail considering that she was a young girl; her family was poor; she had less understanding to distinguish between right and wrong and her family atmosphere was good. The Court also discussed situations in which a CIL could be denied bail even in bailable offences as per Section 12<\/a> of the Juvenile Justice (Care and Protection of Children) Act, 2015<\/a>.<\/i><\/p>\n","protected":false},"author":67011,"featured_media":278688,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[2664,48913,53566,53567,3067,43721,35106,36335,5141,31421,2572,53568,2727,28284],"class_list":["post-279712","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-Bail","tag-child-in-conflict-with-law","tag-cil","tag-district-and-sessions-court","tag-FIR","tag-juvenile-justice-care-and-protection-of-children-act-2015","tag-juvenile-justice-board","tag-penal-code-1860","tag-probation-officer","tag-protection-of-children-from-sexual-offences-act-2012","tag-Rape","tag-revisionist","tag-Victim","tag-witnesses"],"yoast_head":"\nUttaranchal High Court grants bail to a Child-in-conflict with law considering that she was young and had less 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HC | Child in conflict with law cannot be allowed anticipatory bail as JJ Act does not make any provision for the same; Application dismissed","author":"Editor","date":"May 27, 2022","format":false,"excerpt":"Uttaranchal High Court: Ravindra Maithani, J. dismissed an application for anticipatory bail in regards to an ongoing trial under Sections 376, 323, 504, and 506 Penal Code, 1860. The previous anticipatory bail application of the applicant had been rejected by the Fast Track Court\/Special Judge, POCSO\/Additional Sessions Judge, Dehradun on\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":251232,"url":"https:\/\/www.scconline.com\/blog\/post\/2021\/07\/14\/anticipatory-bail-5\/","url_meta":{"origin":279712,"position":1},"title":"P&H HC | \u201cA juvenile cannot be arrested\u201d; HC holds application for anticipatory bail by a juvenile is not maintainable in law","author":"Editor","date":"July 14, 2021","format":false,"excerpt":"Punjab and Haryana High Court: Rajesh Bhardwaj, J., held that plea for anticipatory bail by a juvenile is not maintainable in law as there is no concept of arrest on apprehension regarding children in conflict with the law. The petitioner, a juvenile had filed the instant petition seeking anticipatory bail\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":376180,"url":"https:\/\/www.scconline.com\/blog\/post\/2026\/02\/20\/chh-hc-bail-may-be-denied-to-juvenile-if-release-would-defeat-ends-of-justice\/","url_meta":{"origin":279712,"position":2},"title":"Bail may be denied to juvenile if release would defeat the ends of justice: Chhattisgarh HC denies bail to 16-year-old murder convict","author":"Editor","date":"February 20, 2026","format":false,"excerpt":"\u201cNo doubt, the JJ Act is a beneficial legislation intended for reformation of the juvenile\/child in conflict with law, but the law also demands that justice should be done not only to the accused, but also to the accuser.\u201d","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Bail may be denied to juvenile","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2026\/02\/Bail-may-be-denied-to-juvenile.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2026\/02\/Bail-may-be-denied-to-juvenile.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2026\/02\/Bail-may-be-denied-to-juvenile.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2026\/02\/Bail-may-be-denied-to-juvenile.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":324327,"url":"https:\/\/www.scconline.com\/blog\/post\/2024\/06\/14\/mp-high-court-affirms-denial-of-bail-to-juvenile-in-kidnapping-and-murder-case-scc-times\/","url_meta":{"origin":279712,"position":3},"title":"\u2018Cries of deceased child\u2019s family can\u2019t be ignored\u2019; MP High Court affirms denial of bail to juvenile in kidnapping and murder case","author":"Ritu","date":"June 14, 2024","format":false,"excerpt":"\u201cA striking balance is necessary while considering the matter of bail of a juvenile from the angle of best interest of the child, demands of justice to the victim and the concern of the society at large.\u201d","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Madhya Pradesh High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/03\/Madhya-Pradesh-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":250889,"url":"https:\/\/www.scconline.com\/blog\/post\/2021\/07\/07\/right-of-hearing\/","url_meta":{"origin":279712,"position":4},"title":"Raj HC | Is Juvenile Justice Act totally foreign to the concept of \u201cright of hearing\u201d given to the complainant\/CICL in bail applications? Court examines","author":"Editor","date":"July 7, 2021","format":false,"excerpt":"Rajasthan High Court: Sandeep Mehta, J., allowed the revision application, granted bail and set aside the impugned orders. The facts of the case are such that the petitioner has a child \u2018X\u2019 son who is a young boy of less than 16 years in conflict with law and been confined\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":330102,"url":"https:\/\/www.scconline.com\/blog\/post\/2024\/09\/05\/gujarat-hc-grants-bail-juvenile-accused-abetting-suicide-of-family-for-no-direct-involvement-in-crime\/","url_meta":{"origin":279712,"position":5},"title":"\u2018No direct involvement in crime\u2019; Gujarat HC grants bail to a child in conflict with law accused of abetting suicide of family","author":"Editor","date":"September 5, 2024","format":false,"excerpt":"The family of four committed suicide near railway tracks, allegedly due to atrocious and forcible demand for money which they owed to co-accused.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Gujarat High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Gujarat-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Gujarat-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Gujarat-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Gujarat-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/279712","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67011"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=279712"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/279712\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/278688"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=279712"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=279712"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=279712"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}