The Allahabad High Court, while granting bail to a juvenile stated that the gravity of the offence has not been mentioned as a ground to reject the bail and it is not a relevant factor while considering granting bail to the juvenile.
Brief Facts:
The present petition was filed by a juvenile, accused under Sections 147, 148, 149, 364, 302, and 34 of the IPC after his bail application was denied by the trial court.
Contentions of the Appellant:
The learned counsel appearing on behalf of the petitioner submitted that as per the order passed by the Juvenile Justice Board, the revisionist/applicant was aged about 16 years and 6 months at the time of the incident and further, there is no criminal history of the applicant and none of the grounds contemplated under proviso to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 is available, to deny the bail to the applicant.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent opposed the present criminal revision. It is submitted, that the incident reported is true and it is wrong to say that the allegations made against the applicant are false, and/are motivated. Also, reliance has been placed on the findings recorded in the bail rejection orders to submit that the instant revision may be dismissed.
Observations of the court:
The court stated that it t is not in dispute that the applicant is a juvenile and is entitled to the benefits of the provisions of the Act and further under Section 12(1) of the Act, the prayer for bail of a juvenile may be rejected 'if there appear reasonable grounds for believing that the release of the juvenile 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.
Further, it was stated that the gravity of the offence has not been mentioned as a ground to reject the bail and it is not a relevant factor while considering granting bail to the juvenile. The court stated that the applicant is a juvenile and was entitled to the benefits of the Act's provisions and further noted that the applicant does not appear to be prone to criminal proclivity or criminal psychology and does not have a criminal history and stated that there does not appear to exist any factor or circumstance mentioned in section 12 of the Act that may disentitle the applicant to grant of bail at this stage.
The decision of the Court:
The court allowed the petition and granted bail to the accused.
Case Title: X- Juvenile vs State of U.P. and Anr.
Coram: Hon’ble Mr. Justice Manish Kumar Nigam
Case No.: CRIMINAL REVISION No. - 1571 of 2024
Advocate for the Petitioner: Radhey Shyam Shukla, Vipul Shukla
Advocate for the Respondent: G.A.
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