38.6c New Delhi, India, Monday, July 15, 2024
Judiciary

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

By Saket Sourav      22 June, 2024 11:18 AM      0 Comments
Gravity of offence not relevant when considering bail for juvenile

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 applicant’s 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 juvenile’s mother undertook to address statutory concerns about the applicant’s 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]

 



Share this article:

About:

Legal Content Writer



Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

"No Loudspeakers For Azan, No Fundamental Right To Create Noise," Says Allahabad HC To Two Mosques [Read Judgment] "No Loudspeakers For Azan, No Fundamental Right To Create Noise," Says Allahabad HC To Two Mosques [Read Judgment]

Further reasoning of the court was based on consideration of the fact that a mixed population resides in that area, comprising Hindus and Muslims both, which lead to the tension between both the groups regarding the use of loudspeakers.

Allahabad High Court to Hear Ghazipur MP’s Plea against ‘Ban on Azaan’ Allahabad High Court to Hear Ghazipur MP’s Plea against ‘Ban on Azaan’

Hence, although an ongoing religious practice, the use of loudspeakers in the performance of Azaan remains a debatable question.

CBI failed to complete probe into Mathura’s 2016 Jawahar Bagh incident. HC to take up PIL by Ashwini Upadhyay CBI failed to complete probe into Mathura’s 2016 Jawahar Bagh incident. HC to take up PIL by Ashwini Upadhyay

NEW DELHI: The Allahabad High Court is scheduled to take up on Friday a plea filed by advocate Ashwini Kumar Upadhyay related to CBI probe into the infamous Jawahar Bagh incident of June 2, 2016, which the central investigating agency failed to complete even after 80 months of the order.

TRENDING NEWS


TOP STORIES

journalist-soumya-vishwanathan-murder-case-sc-issues-notice-to-4-convicts-on-appeal-by-delhi-police
Trending Crime, Police And Law
Journalist Soumya Vishwanathan murder case: SC issues notice to 4 convicts on appeal by Delhi police

SC issues notice to 4 convicts in Soumya Vishwanathan murder case on Delhi police's appeal against their bail. Convicts had served over 14 years.

09 July, 2024 09:49 AM
why-indian-high-courts-still-have-old-names-despite-change-in-city-name
Trending Judiciary
Why Indian High Courts still have old names despite change in city name ? [Watch Video]

Know the reasons why Indian High Courts, like Bombay HC, Madras HC, and Calcutta HC, Allahabad HC still retain their old names despite the cities’ name changes. LawStreet Journal delves into the historical and legal context. Watch report !

09 July, 2024 09:56 AM
what-is-keir-starmer-stance-on-kashmir-issue
Trending International
What is Keir Starmer’s stance on Kashmir issue ? [Watch Video]

Under Keir Starmer, the UK's Labour Party shifts its stance on Article 370, focusing on strategic ties with India, moving from past criticisms to cooperation.

09 July, 2024 10:04 AM
ed-moves-sc-against-jharkhand-hc-order-of-bail-to-cm-hemant-soren
Trending Judiciary
ED moves SC against Jharkhand HC order of bail to CM Hemant Soren

ED moves SC against Jharkhand HC's bail order for CM Hemant Soren in a money laundering case linked to an alleged land scam.

09 July, 2024 12:14 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email