Juvenile Justice Act's S.12 Mandates Bail Unless Specific Exceptions Met; Gravity of Offence Not Sole Ground for Denial: High Court - 2024-02-02

High Court Grants Bail to Juvenile, Citing Overriding Mandate of Juvenile Justice Act

Sirohi: In a significant ruling underscoring the principles of juvenile justice, the High Court has granted bail to a juvenile accused of serious offences including murder, emphasizing that Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, prioritizes the release of a juvenile on bail unless specific detrimental conditions are proven. The Court overturned orders from two lower courts that had previously denied bail to the petitioner.

Case Background: Serious Allegations and Bail Rejection

The juvenile petitioner, represented by their natural guardian, faced grave allegations under Sections 302 (murder) and 201 (causing disappearance of evidence) of the Indian Penal Code (IPC), along with offences under Sections 3(2)(V) and 3(2)(VI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The petitioner's initial bail application under Section 102 of the Juvenile Justice Act, 2015, was rejected by the Juvenile Justice Board on May 17, 2023. An appeal against this order was subsequently dismissed by the Special Judge, SC/ST Act Cases, Sirohi, on May 24, 2023, through Criminal Appeal No.23/2023. Aggrieved by these decisions, the petitioner filed a revision petition before the High Court.

Arguments Before the High Court

Petitioner's Counsel argued:

* The primary allegation of inflicting the fatal head injury was against a co-accused, Shanki , from whom the weapon of offence (a knife) was recovered. No weapon was recovered from the petitioner.

* The challan (charge sheet) in the case had already been filed.

* The juvenile had been in a juvenile home since May 6, 2023, and further detention served no purpose.

* Crucially, the lower courts failed to appreciate the beneficial provisions of the Juvenile Justice Act, 2015, particularly Section 12, which mandates bail for juveniles.

* The gravity of the alleged offence cannot be the sole ground for denying bail to a juvenile.

The Learned Public Prosecutor , on the other hand, defended the orders of the Juvenile Justice Board and the Appellate Court, supporting the denial of bail.

Court's Interpretation of Section 12, Juvenile Justice Act

The High Court meticulously examined the submissions and the provisions of the Juvenile Justice Act, 2015. The Court highlighted the legislative intent behind Section 12:

"The language of Section 12 of the Act of 2015 conveys the intention of the Legislature to grant bail to the juvenile, irrespective of nature or gravity of the offence, alleged to have been committed by him and bail can be denied only in the case where there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal, or expose him to moral, physical or psychological danger, or that his release would defeat ends of justice."

After perusing the orders of the courts below and the provisions of the Act, the High Court found that none of the exceptional circumstances stipulated in Section 12 to deny bail to a juvenile were present in this case. The Court also noted that the challan had already been presented.

"Having carefully examined provisions of the Juvenile Justice Act vis-a-vis the orders passed by the courts below, I do not find that any of the exceptional circumstances, to decline bail to a juvenile, as indicated in Section 12 of the Act of 2015, is made out."

Decision: Bail Granted with Conditions

Concluding its assessment, the High Court allowed the revision petition, setting aside the orders of the Juvenile Justice Board (dated 17.05.2023) and the Special Judge, SC/ST Act Cases, Sirohi (dated 24.05.2023).

The juvenile accused-petitioner, identified as X S/o Ashok Kumar, was ordered to be released on bail in connection with FIR No.117/2023 of Abu Road City Police Station, Distt. Sirohi. The bail was granted upon the furnishing of a personal bond by their natural guardians in the sum of Rs. 1,00,000/- each, along with a surety of the like amount, to the satisfaction of the learned Judge of the Children's Court.

The Court stipulated that the juvenile must appear before the said court or any other relevant court on all subsequent hearing dates during the pendency of the investigation/trial. Furthermore, the guardian is tasked with properly looking after the juvenile and ensuring they are kept away from the company of known criminals.

This judgment reinforces the protective and reformative approach embedded in the Juvenile Justice Act, prioritizing a juvenile's liberty unless their release demonstrably falls under the specific, narrowly defined exceptions.