The Allahabad High Court recently ruled that the gravity of an alleged crime is not a valid ground under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) to deny bail to a juvenile accused. This decision came in the case of a 16-year-old involved in serious offences, including kidnapping and murder, where Justice Manish Kumar Nigam emphasized that severity of the crime is not a factor in granting bail under the JJ Act.
Justice Nigam highlighted that, according to Section 12 of the JJ Act, bail for juveniles should be granted unless it could lead to association with criminals, expose the juvenile to danger, or defeat justice. The Court noted that previous decisions have consistently upheld this interpretation, reinforcing that the seriousness of the offence is not a valid reason to deny bail.
The juvenile, initially denied bail by lower courts, was granted bail by the High Court as he had no prior criminal history and had been in a child observation home for an extended period. The Court imposed a condition requiring the juvenile’s guardian to ensure no adjournments are sought during the trial, warning that failure to comply could lead to bail revocation and further legal action under Section 229A of the Indian Penal Code.
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