Gravity of Offense Not Ground for Refusing Bail to Juvenile Under Section 12(1) of Juvenile Justice Act: Allahabad High Court

Allahabad, June 2024 — The Allahabad High Court has granted bail to a juvenile accused in a high-profile case involving charges of murder and kidnapping. The court highlighted that the gravity of the offense cannot be a sole ground for denying bail under Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. This judgment sets aside previous orders by the Juvenile Justice Board and the appellate court.

The case revolves around a juvenile, aged 16 years and 6 months at the time of the incident, who was charged under multiple sections of the Indian Penal Code (IPC) including Sections 147, 148, 149, 364, 302, and 34. The juvenile, referred to as X, had been denied bail by both the Juvenile Justice Board and the appellate court, leading to the filing of a criminal revision to quash these orders.

Gravity of the Offense and Bail Conditions

The court underscored that the severity of the crime is not a valid reason for refusing bail to a juvenile. “Section 12 of the Juvenile Justice Act does not list the gravity of the offense as a criterion for bail denial,” the bench noted. It was pointed out that the Act lays down specific grounds under which bail can be refused, none of which were applicable in this case.

Conditions for Bail Under the Juvenile Justice Act

The court elaborated on the conditions for bail as per the Act, which include:

Association with Criminals: The release should not bring the juvenile into contact with known criminals.

Exposure to Danger: The release should not expose the juvenile to moral, physical, or psychological danger.

Defeating Ends of Justice: The release should not defeat the ends of justice.

In the case at hand, the court found no evidence suggesting that the juvenile’s release would lead to any of these consequences. “The applicant does not have a criminal history, and the observations in the District Probation Officer’s (DPO) report do not indicate a predisposition towards criminal behavior,” the court stated.

The judgment referenced the case of Shiv Kumar alias Sadhu Vs. State of U.P., where the court held that the gravity of the offense should not influence bail decisions for juveniles. This precedent was instrumental in guiding the court’s reasoning.

The court meticulously reviewed the statutory provisions and judicial precedents to conclude that the juvenile was entitled to bail. “The findings recorded by the lower courts are in conflict with the established principles of law concerning juvenile bail applications,” the judgment read.

The court set aside the previous orders and directed the release of the juvenile on bail, with specific conditions to ensure compliance and prevent any potential misuse of bail.

Justice Manish Kumar Nigam emphasized, “The gravity of the offense is not a relevant factor while considering bail for a juvenile under Section 12(1) of the Juvenile Justice Act. The decision must align with the statutory requirements and not be influenced by the severity of the charges.”

The decision of the Allahabad High Court marks a significant reaffirmation of the principles enshrined in the Juvenile Justice Act. By granting bail to the juvenile, the court has reinforced the notion that the welfare and rehabilitation of juveniles should be the paramount consideration in judicial proceedings.

Date of Decision: June 3, 2024

X-Juvenile vs. State of U.P. and Another