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2020 Supreme(P&H) 1141
IN THE HIGH COURT OF PUNJAB AND HARYANA
Alka Sarin, J.
Naman - Appellant
Versus
State Of Haryana - Respondent
Criminal Revision No. 1119 of 2020
Decided On : 14-09-2020
Priyanka Mishra, Advocate, Akshit Aggarwal, Advocate, Dimple Jain, Advocate
The main legal point established is that the Juvenile Justice Act mandates the release of a juvenile on bail, except in specific circumstances, and the denial of bail must be supported by relevant material and reasons recorded by the Juvenile Justice Board.
Headnote:
Bail - Juvenile in Conflict with Law - Juvenile Justice Act - Section 12
Fact of the Case:
The petitioner, a juvenile in conflict with law, filed a revision petition challenging the denial of bail by the Juvenile Justice Board and the Additional Sessions Judge. The allegations involved a serious offense under Section 376-AB of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act. The petitioner had been in custody since the date of the incident.
Finding of the Court:
The court found that the Juvenile Justice Act mandates the release of a juvenile on bail, except in specific circumstances mentioned in Section 12(1). The court emphasized that the denial of bail to a juvenile must be based on the grounds specified in the proviso to Section 12(1) and supported by relevant material on record.
Issues: The key issue was whether the petitioner, as a juvenile in conflict with law, was entitled to bail as a matter of right under Section 12 of the Juvenile Justice Act, despite the gravity of the alleged offense.
Ratio Decidendi: The court held that Section 12 of the Juvenile Justice Act mandates the release of a juvenile on bail, except when there are reasonable grounds for believing that the release may bring the juvenile into association with known criminals, expose the juvenile to moral, physical, or psychological danger, or defeat the ends of justice. The court emphasized the need for the Juvenile Justice Board to consider relevant material and record reasons for denying bail.
Final Decision: The court set aside the orders denying bail and directed the release of the petitioner on bail, subject to specific conditions, including supervision by a Probationary Officer and an undertaking from the petitioner's father. The court also empowered the Juvenile Justice Board to revoke the bail in case of adverse reports or violations of the imposed conditions.
JUDGMENT
Alka Sarin, J. - Heard through video conferencing.
2. The present revision petition has been filed by a juvenile in conflict with law challenging the order dated 20.12.2019 passed by the Principal Magistrate, Juvenile Justice Board, Yamuna Nagar at Jagadhri and the order dated 13.01.2020 passed by the Additional Sessions Judge, Yamuna Nagar at Jagadhri vide which his appeal filed against the order dated 20.12.2019 was dismissed.
3. In brief, the allegations are that on 24.07.2019, the complainant, mother of the Prosecutrix, filed a complaint alleging that she has three children. Her younger daughter, the Prosecutrix, is 7 years old. She is a labourer by profession and leaves the house in the morning and returns in the evening. On 24.07.2019, when she returned home, the daughter of her brother-in-law (Jeth) informed her that yesterday i.e. on 23.07.2019, at around 9.00 p.m., when she went to the roof of the house she saw that the juvenile in conflict with law had taken off his pants and there were no clothes on the body of the Prosecutrix and he was lying on top of her. The private part of the juvenile in conflict with law was touching the private part of the Prosecutrix and he was forcibly committing a wrong act with her. It is further stated in the complaint that when she enquired from her daughter she disclosed about the same incident. On the basis of the complaint, FIR No.142 dated 24.07.2019 was registered under Section 376-AB of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 at Police Station Bilaspur, Yamuna Nagar. The juvenile in conflict has been in custody since 25.07.2019.
4. Learned counsel for the petitioner has referred to Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, "Juvenile Justice Act") to contend that the petitioner being a juvenile was entitled to bail as a matter of right. It has further been contended that nothing incriminating has been found against the petitioner in the MLR as well as in the FSL report. The learned counsel for the petitioner has relied upon the order passed by the Apex Court in Re Exploitation of Children in Orphanages in the State of Tamil Nadu vs Union of India,2020 1 RCR(Criminal) 1022, in support of her argument that once a child is produced before the Juvenile Justice Board, bail is the rule.
5. Per contra, the learned counsel for the State has contended that keeping in mind the gravity of the offence and the fact that the victim is a minor, this is not a fit case for grant of bail to the petitioner.
6. I have heard the learned counsel for the parties and have perused the impugned order as well as the allegations in the FIR.
7. There is no dispute to the fact that the petitioner in the present case is a juvenile. The petitioner moved an application for grant of bail being a juvenile before the Juvenile Justice Board which was dismissed and thereafter the appeal filed against the said order before the Additional Sessions Judge, Yamuna Nagar was also dismissed. The bail has been denied to the petitioner on the ground that the juvenile in conflict with law shall be exposed to moral, physical and psychological danger if he is released from the protective custody and that there are reasonable grounds for believing that his release is likely to bring him in association with known criminals.
8. Section 12 of the Juvenile Justice Act reads as under :
" 12. Bail to a person who is apparently a child alleged to be in conflict with law. -(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or
