Court Emphasizes Mandatory Bail for Juveniles under Juvenile Justice Act, 2015 Despite Seriousness of Offense
In a significant ruling, the Rajasthan High Court, Jaipur Bench, has granted bail to a juvenile who was being tried as an adult for a heinous crime. The court reiterated the principles of the Juvenile Justice (Care and Protection of Children) Act, 2015, highlighting that bail is mandatory for juveniles unless specific exceptions are met.
The case involved a juvenile, referred to as 'US', who was charged with murder after an alleged accidental shooting during a social media video shoot. The Juvenile Justice Board and the Children's Court had previously denied bail, leading to the revision petition before the High Court.
Justice Anoop Kumar Dhand, presiding over the matter, focused on Section 12 of the Juvenile Justice Act, which mandates bail for juveniles unless their release could lead to association with criminals, exposure to danger, or if it would defeat the ends of justice. The court noted that the seriousness of the offense or the age of the juvenile should not influence the decision to grant bail.
The court's order emphasized that the objective of the Juvenile Justice Act is to reform and rehabilitate juveniles rather than punish them. It acknowledged the critical role of family in the juvenile's development and underscored that institutionalization should be a last resort.
The judgment also referenced several precedents, including decisions from the Supreme Court and various High Courts, which consistently support the view that bail should be the norm for juveniles. The court concluded that none of the statutory exceptions for denying bail were applicable in this case.
As a result, the High Court set aside the previous orders and directed that the juvenile be released on bail, with conditions to ensure his supervision and prevent association with known criminals.
Bottom Line:
Juvenile Justice Act, 2015 - Bail to Child in Conflict with Law is mandatory under Section 12 unless the conditions for denial, as specified in the proviso to Section 12(1), are met. Seriousness of the offense or age of the juvenile are not relevant considerations for bail under the Act.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 - Sections 12, 15, 18
Us@us@ub v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2833886
