Allahabad High Court Granted bail To Juvenile Accused Of heinous Offence Noting The Provisions Of Section 12, JJ Act , 2015

The Allahabad High Court granted bail to a Juvenile after analysing the provisions of Section 12 of the Juvenile Justice Act, 2015 after setting aside the order of the Juvenile Justice board and the appellate court.

In the matter at hand the father of juvenile preferred a revision petition against the order of the trail court where his criminal appeal against the decision of the Juvenile Justice Board was dismissed. The juvenile Justice board had rejected the bail application of the juvenile under Section 12 of Juvenile Justice Act, 2015. The charges against the juvenile are as per section 302, 201 and 34 of the Indian Penal Code.

It has been submitted that the juvenile was a little over 17 years of age at the time of the incident and the case is resting on circumstantial evidence and there are material inconsistencies in the statements of mother and siter of the deceased. It has been put forth that the co accused was released on bail while the accused herein has been in custody since July 2021.

It has been further submitted before the court that there is no evidence to show that if the accused is released on bail it would bring him in association with a criminal or expose him to any danger and it was brought before the court that apart from the current case there is no criminal antecedent to his credit.

The counsel on behalf of the revisionist submitted that the Juvenile Justice board and the appellate court have not appreciated the social information report of the probation officer in its right perspective and the order was passed in cursory manner without considering the position of law and have denied bail.

It has been submitted on behalf of the state that considering the gravity of the offence the current revision petition is liable to be dismissed. 

The court observed that the juvenile has committed a heinous offence and indulged in such an activity due to lack of discipline. The court noted the order passed by the Juvenile Justice board has been affirmed by the appellate court which declined the bail without considering the report of the probation officer in its right perspective as well as without returning any finding on the three exceptions. Hence the court observed that there is a lack of the availability of a consultant and the juvenile is likely to go into association with known criminals if released on bail.

The court perused Section 12 of the Juvenile Justice Act, 2015 and observed that the word shall raises the presumption that the particular provision is imperative but it maybe rebutted by other considerations such as the object and scope of the enactment and the consequences flowing from such construction.

The in the light of the aforementioned the court said that it is not satisfied with the reasoning and conclusion of the appellate court as well as the juvenile justice board and observed that they have not properly appreciated the provisions of section 12 of the act.

The court set aside the orders of the appellate court and the board and allowed the revision petition, granting bail to the accused.

The court gave following conditions for the bail:

(i) Natural guardian/father will furnish an undertaking that upon release on bail the revisionist will not be permitted to go into contact or association with any known criminal or allowed to be exposed to any moral, physical, or psychological danger and further that the father will ensure that the juvenile will not repeat the offence.

(ii) Natural guardian/father will further furnish an undertaking to the effect that the juvenile will pursue his study at the appropriate level which he would be encouraged to do besides other constructive activities and not be allowed to waste his time in unproductive and excessive recreational pursuits.

(iii) Juvenile and natural guardian/father will report to the Probation Officer on the first Monday of every calendar month commencing with the second Monday of March 2023, and if during any calendar month the first Monday falls on a holiday, then on the following working day.

(iv) The Probation Officer will keep a strict vigil on the activities of the juvenile and regularly draw up his social investigation report that would be submitted to the Juvenile Justice Board, Ghaziabad, on such a periodical basis as the Juvenile Justice Board may determine.

Remarks:

Section 12 in The Juvenile Justice (Care and Protection of Children) Act, 2000

12. Bail of juvenile.—

(1) When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is 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 1[or placed under the supervision of a Probation Officer or under the care of any fit institution of fit person] but he shall not be so released if there appear 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 the ends of justice.

(2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.

(3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order.

CASE: X v. STATE OF UP AND ANR