Court emphasizes risk of association with criminals and potential threat to public justice in denying bail to juvenile involved in multiple heinous crimes.
In a significant ruling, the Delhi High Court has dismissed the bail application of a Child in Conflict with Law (CCL), who is being tried as an adult for his alleged involvement in a murder case. The judgment was delivered by Justice Girish Kathpalia, who underscored the serious nature of the crimes and the potential risks posed by the juvenile's release.
The case involves a young individual, referred to as CCL S, who, along with two other juveniles and two adults, is accused of murdering Gaurav @ Paggal by inflicting multiple stab injuries. Notably, the CCL was already on bail for another murder case at the time of this alleged crime, raising concerns about his criminal associations.
The prosecution, represented by Mr. Amit Ahlawat, APP for State, and Inspector Rajesh Kumar, strongly opposed the bail application, citing the proviso to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. They argued that releasing the CCL could lead to association with known criminals, exposure to moral or psychological danger, and potentially defeat the ends of justice.
Justice Kathpalia's judgment highlighted the importance of considering the likelihood of association with criminals and the threat posed to public witnesses, who are yet to be examined. The court noted that being overly liberal in granting bail to juveniles involved in heinous crimes could undermine the justice system, especially in cases involving organized crime syndicates.
The defense, led by Mr. Subham Jain and Mr. Vaibhav Dubey, argued that the antecedents and seriousness of the charges should not impact the bail decision for a juvenile. However, the court maintained that the gravity of the situation, where the juvenile was involved in multiple serious offenses, warranted the rejection of bail.
Justice Kathpalia emphasized the harsh reality of today's society, where organized crime syndicates exploit juveniles to commit heinous crimes, including under special legislation like the NDPS Act and MCOCA. The court found that the apprehension of the juvenile's association with known criminals was not unfounded.
Given these circumstances, the Delhi High Court concluded that granting bail to the juvenile at this stage would not be appropriate. The decision to try the CCL as an adult has not been contested, and the court considered the juvenile's involvement in additional serious offenses, including another murder case and a robbery case.
The judgment sends a strong message regarding the treatment of juveniles involved in serious crimes and the importance of safeguarding public justice. A copy of the order has been sent to the concerned Jail Superintendent to ensure immediate communication to the CCL.
Bottom line:-
Bail application of a Child in Conflict with Law (CCL) tried as an adult under Section 302/34 IPC dismissed on grounds of involvement in multiple heinous crimes, including murder while on bail, and the likelihood of association with known criminals, posing a danger to public justice.
Statutory provision(s): Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, Section 302/34 IPC, Section 302/397/34 IPC, Section 394/34 IPC.
CCL S v. State of NCT of Delhi, (Delhi) : Law Finder Doc id # 2893898
