Gravity of offence not relevant when considering bail for juvenile [Read Order]

Allahabad: The Allahabad High Court has recently allowed a criminal revision and granted bail to a juvenile accused in a serious criminal case involving charges of murder and kidnapping.

Justice Manish Kumar Nigam set aside the bail rejection orders of the lower courts and allowed bail to the juvenile applicant, who was charged under Sections 147, 148, 149, 364, 302, and 34 of the Indian Penal Code.

The court also noted that the applicant was about 16 years and 6 months old at the time of the alleged incident. The applicants counsel argued that there was no criminal history, no hope of an early conclusion of the trial, and that the juvenile had been confined in a child observation home for an unduly long period.

Justice Nigam observed that under Section 12(1) of the Juvenile Justice Act, bail to a juvenile can only be rejected under specific circumstances. The court emphasized: Gravity of the offence has not been mentioned as a ground to reject the bail. It is not a relevant factor while considering granting bail to the juvenile.

The court found that none of the grounds for denying bail under Section 12(1) were applicable in this case. It also noted that the juveniles mother undertook to address statutory concerns about the applicants safety and well-being upon release.

Expressing concern over the prolonged detention of the juvenile, the court stated that the findings of the lower courts were in conflict with the settled principle in law for the grant of bail and were erroneous and contrary to the law laid down by the court.

The court also imposed the following conditions for granting bail:
(i) The applicant shall not tamper with the evidence or threaten the witnesses;
(ii) The applicant, through the guardian, shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial Court to treat it as an abuse of liberty of bail and pass orders in accordance with law;
(iii) The applicant, through the guardian, shall remain present before the trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial Court may proceed against him under Section 229-A of the Indian Penal Code.

In conclusion, the court allowed the criminal revision and granted bail to the juvenile applicant.

[Read Order]