ANKIT (MINOR) S/O NARESH KUMAR, Vs. STATE OF UTTARAKHAND AND ONE ANOTHER
HIGH COURT OF UTTARAKHAND
Ankit (Minor) S/O Naresh Kumar,
State Of Uttarakhand And One Another
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(1.) Revisionist was found to be 17 years old at the time of incident by Sessions Judge, Haridwar, in Sessions Trial No. 162 of 2013. Revisionist is said to have committed rape on nine years old girl. Bail application moved on behalf of the juvenile/revisionist was dismissed by the Juvenile Justice Board, Haridwar vide order dated 12.08.2013 and appeal arising there from was also dismissed by the Sessions Judge, Haridwar vide order dated 03.09.2013.
(2.) Sole question involved in the present case is as to whether juvenile when produced before the court or board should ordinarily be enlarged on bail, or on what ground bail can be denied
Section 12 of the Juvenile Justice Board (Care and Protection) Act 2000 reads as under :
"Section 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 Cord 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 [for placed under the supervision of a Probation Officer or under the care of any fit institution or fit person] but he shall not be 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 release 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." 2.Having perused Section 12 of the Act I have no hesitation to hold that the moment of juvenile is arrested or detained or brought before the Board, ordinarily such juvenile should be released on bail with or without sureties.
(3.) However, second part of the Section 12 of the Act provides that when juvenile justice board or court for the reasons recorded find that there are reasonable grounds believing that release is likely to bring him into association with any known criminal or shall expose him to moral, physical or psychological danger or that his release would defeat the ends of justice, may refuse the Bail. In my considered opinion, bail can be denied to the juvenile only when there is a material on record suggesting that juvenile may join the company of any known-criminal; on release likely to exposes him to moral, physical or psychological danger. There must be some material before the Court to form such opinion and bail should not be denied to juvenile merely on the basis of some assumption or presumption.;
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