Excelsior Correspondent
Srinagar, Feb 19: High Court has held that the gravity of offences by Juvenile is not a ground to deny bail and quashed the orders whereby bail was refused to the Juvenile with the direction to release him on furnishing the surety bonds.
Justice Mohan Lal has set aside the orders of Principal Sessions Judge and Juvenile Justice Board (JJB) Magistrate where-under the grant of bail was refused to a juvenile. Justice Lal said that it has been constantly held, that the gravity of offence is not a ground to deny bail to the juvenile unless the conduct of accused is such indicates that no likelihood after being released on bail the juvenile will indulge in more crime and if there are no eminent chances of his repeated crime, the bail to juvenile should not be ordinarily refused.
Court after perusal of the record submitted by the court of Principal Sessions Judge said that the I.O during the course of investigation has recorded the statement of the victim/girl under Section 164 Cr.P.C . Court said that the consent of minor is not consent in the eyes of law and sexual intercourse committed with the minor even with her consent amounts to offence of rape. “Be that as it may, the record reveals that there was no forcibly sexual intercourse with the victim/girl. In view of the totality of the facts and circumstances of the case and the position of law as discussed, I am of the considered view that no purpose will be served in keeping the petitioner (juvenile) in custody in the Juvenile Observation Home.
Court allowed the revision petition of Juvenile which was filed against the orders of Principal Sessions Judge and JJB Magistrate and set aside both the orders with the direction to release the Juvenile on bail subject to his furnishing surety bond and personal bond in the sum of Rs. 50,000 each through his natural guardian or near relative to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board. Court has also put some condition on bail of Juvenile including that the natural guardian of the petitioner-juvenile will furnish an undertaking before the Principal Magistrate, JJB, that in case the petitioner/juvenile is released on bail and given in his custody he will work for improvement of the petitioner/juvenile and will not create any situation which will bring the petitioner/juvenile.
The juvenile-Irfan Ahamd ‘as stated’ is of 14 years and the student of 10th class, has been implicated in case FIR No. 196/2021 for commission of offence under Section 376 IPC (rape) and POCSO Act for the allegations that he committed alleged commission of offence of rape upon victim/minor aged 11 years and got arrested on 22.10.2021 and for the last almost four (4) months, he is lodged in Juvenile Observation Home.
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