High Court allowed criminal revision seeking bail for a juvenile accused of rape under IPC and POCSO. Court held bail cannot be rejected merely due to offence seriousness and ordered release on bond.
Impugned orders setting aside bail granted; juvenile released on personal bond and two sureties before Juvenile Justice Board under Section 12 of JJA, 2000.
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Court No. - 23
Case :- CRIMINAL REVISION No. - 785 of 2019
Revisionist :- Mannawar Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Rajesh Kumar,Santosh Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
prayer for bail but he could not dispute the factum of juvenility of the accused-revisionist.
"12 Bail of Juvenile.--(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 board, 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 on bail with or without surety or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person but he shall not be so released if there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.
(2) When such person having been arrested is not released on bail under sub-section (1) by the officer in-charge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.
(3) When such person is not released on bail under subsection(1) by the Board, it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of inquiry regarding him as may be specified in the order."
of U.P. [2010 (71) ACC 255 (Alld), this Court has observed that seriousness of offence is no ground to reject the bail to a juvenile.
Order Date :- 23.4.2019 Akram
2 issues framed by the court
Whether bail could be refused to the juvenile-revisionist considering the provisions of the Juvenile Justice Act, 2000?
If the revisionist is a juvenile, are there sufficient grounds under Section 12 of the Juvenile Justice Act to reject bail in this case?
Colour shows how this judgement treated each authority
Amit KumarReferred¶19
Amit Kumar Vs. State of U.P. [2010 (71) ACC 209 (Alld)]
Naurang (minor)Referred¶19
Naurang (minor) Vs. State of U.P. [2010 (71) ACC 255 (Alld)
4 provisions across 4 enactments
Mannawar
State Of U.P.
Another Respondent
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rajendra Kumar
Parties & counsel
