Recently, the Uttarakhand High Court has extended bail to a juvenile accused under Sections 376(3) and 506 of the IPC, and Section 5(j)(ii)/6 of the POCSO Act, 2012. Justice Ravindra Maithani expounded that even if a Child in Conflict with Law (CIL) is tried as an adult under Section 18(3) of the Act, their bail application must be considered under Section 12 of the same Act.
Brief Facts:
The case involved a juvenile accused of molestation and threats against a minor victim, who was a neighbor. The victim, six months pregnant, revealed the accused after repeated threats and physical relations. The Juvenile Justice Board (JJ Board) Nainital denied bail and decided the accused be tried as an adult. A subsequent bail application to the Special Judge (POCSO)
that the allegations are politically motivated and, in any case, are non-specific in nature.
Contentions of the Respondent:
It was submitted that this bail application must be decided under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘Act’). According to the Social Investigation Report, the conduct of the child was found satisfactory.
Observations of the Court:
The Bench noted the provisions of the Juvenile Justice Act, particularly Section 8(2), which empowers the High Court to entertain bail applications presented before the JJ Board. The bench observed the importance of safeguarding the rights of juveniles, even when tried as adults, as mandated by the Juvenile Justice Act. It was opined that juveniles tried as adults should not be deprived of their right to bail under the Juvenile Justice Act. Furthermore, it was observed that the Social Investigation Report indicated the juvenile's conduct was good and did not reveal any adverse behavior.
The decision of the Court:
Noting the facts and circumstances of the case, the Court granted bail to the Petitioner.
Case Title: X vs State of Uttarakhand
Coram: Hon’ble Mr. Justice Ravindra Maithani
Case No.: First Bail Application No. 273 of 2024
Advocate for the Petitioner: Adv. Mr. Dinesh Chandra Joshi
Advocate for the Respondent: Adv. Ms. Manisha Rana Singh
Read Judgment @LatestLaws.com:
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