- (1.) BARKAT Ali Zaidi, J. A fourteen year old boy is said to have raped a six year old girl. An application for bail came up before learned Sessions Judge, Hardoi, who dismissed the same. The following is the provisions in Juvenile Justice Act, 1986 regarding grants of bail. Section 18 (1) of the Act is as follows: "18. Bail and custody of Juveniles.- (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 Juvenile Court 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 en bail with or without surety but he shall not be so re/eased if there appear reasonable grounds for believing that the re/ease is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice.
(2.) THE teamed Sessions Judge dismissed the bail application of the revisionist on the ground that it would defeat the ends of justice. No treatise or Case Law has been cited before me to indicate as to what precisely 'ends of justice' signifies ? The following cases have been referred to by the Counsel for the revisionist but they are not relevant to the matter under consideration and none of them explains the meaning and implications of the words 'ends of Justice'. The cases are as follows: (i) Ankit Upadhyaya v. State of U. P. , 2006 (3) JIC 729 (All) : 2006 (55) ACC 759. (ii) Darpan v. State of U. P. , 2006 (3) JIC 726 (All) : 2006 (56) ACC 279. (iii) Vijendra Kumar Mali (Minor) v. State of U. P. , 2003 (1) JIC 1036 (All) : 2003 (46) ACC 1163. (iv) Rajendra v. State of U. P. , 2003 (2) JIC 657 (All) : 2003 (46) ACC 187. (v) Vikky @ Vikram Singh (Minor) v. State of U. P. and Ors. , 2003 (1) JIC 814 (All) : 2003 (46) A. C. C. 642. The words 'ends of Justice' have diverse dimensions and many connotations.-No uniform formula or pattern can be prescribed to determine what the 'ends of Justice' will imply. What may be the ends of justice in one case and one set of circumstance, may not be so, in the other
(3.) IT may, however, be noted that Equity and Fair play are sister expressions of justice or Ends of Justice; and what Equity and Fair Play would in a particular case demand, would be in accordance with the ends of justice. We may, therefore, see as to what are the demands of Equity and Fair Play in a particular case and determine on the basis of the same as to what are requirements of the ends of justice. What we have to see is whether the grant of bail to a person who is alleged to have raped a six year old girl will be equitable? The answer, I think, has to be in the negative. A person who rapes a six year old girt is not entitled to any lenience or latitude on the part of the Court. It would shock the conscience of the community if youngsters who molest and rape little girls are allowed to roap freely, after bail, raising apprehensions about recurrence;