Court denies bail to juvenile: May jeopardise the boy’s life

The court also stated that granting bail could expose him to “moral, physical and psychological” danger, and that his release would defeat the ends of justice. “No doubt, Section 12 of the JJ Act create an obligation upon the Juvenile Justice Board to release a child in conflict with law (CCL) on mandatory bail with or without sureties or to place him under the supervision of Probation Officer or under the care of any fit person. Thus, as per this provision, the bail is a mandatory right to be claimed by the CCL, which can be declined only in some conditions,” stated the court order.

According to the court, the counsel for the juvenile had argued that the social background report given by the Child Welfare Police Officer and social investigation report submitted by the Probation Officer are in favour of the juvenile, so his “non-release” on bail was “not justified” on the part of the JJB. However, the court observed, “It is for the JJB or this court to decide how and in which manner the best interest and welfare of the CCL can be achieved, and simple favourable reports given by different authorities itself are not sufficient to hold that he will be automatically entitled to the bail.”

According to the court, the murder took place on March 24, with police stating that it was a result of gang rivalry. The counsel for the boy said his father can afford to send him to a boarding school out of Delhi. However, the court said the father had not been able to explain the additional source of income required for such a move.

“Moreover, living out of Delhi would create more chance to be accessed and approached by his own gang members or by opposite gang members. In both situations, the danger to life and association with criminals will cause much harm,” stated the court. The court said the possibility of tampering with evidence or committing more crimes against eyewitnesses, who are members of the opposite gang, cannot be ruled out.