Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court

Admitting the Juvenile on bail a bench comprising Justice Ravindra Maithani observed,

“Even if a CIL is transferred for trial as an adult under Section 18(3) of the Act, his bail application shall be entertained under Section 12 of the Act”

This case involved allegations of molestation and threats, as reported by an informant, against a minor victim. The victim and her family were residing in rented accommodation, wherein the accused, a juvenile, also resided as a neighbour.

The informant alleged that the accused had engaged in physical relations with the victim on multiple occasions and had threatened her into silence. The revelation came to light when the victim, six months pregnant, disclosed the identity of the accused.

Initially, the accused sought bail from the Juvenile Justice Board (JJ Board)  Nainital, which was summarily dismissed. Subsequently, the JJ Board conducted a preliminary assessment under Section 15 of the Juvenile Justice Act, 2015, and ordered that the accused be tried as an adult. Another bail application moved by the accused before the Special Judge (POCSO)/Special Judge/Additional District and Sessions Judge, Haldwani, Nainital, was also dismissed

The counsel representing the accused argued that the accused had a clean record, exhibited exemplary behaviour in the observation home, and was academically diligent. Additionally, doubts were raised regarding the reliability of the DNA examination. Ms. Manisha Rana Singh, A.G.A. for the State agreed with the satisfactory conduct of the accused at the observation home as per the Social Investigation Report.

The court delved into the provisions of the Juvenile Justice Act highlighting Section 8(2), which empowers the High Court to entertain matters arising from bail applications presented before the JJ Board. The court, drawing from precedents set by the Delhi High Court, underscored the importance of safeguarding the rights of juveniles, even when tried as adults, as mandated by the Juvenile Justice Act.

Citing pertinent precedents Ccl A vs. State Nct of Delhi (2020) & Siddalinga SN vs. State of Karnataka 2023, the court observed that juveniles tried as adults should not be deprived of their right to bail under the Juvenile Justice Act. Furthermore, the bench perused the Social Investigation Report which did not reveal anything adverse against the juvenile indicating that his conduct was good with everyone

Considering the provisions of The Juvenile Justice Act, the court deemed it fit to grant bail. The accused was directed to be placed in the custody of his father, subject to stringent conditions.

Case Title: X Vs State of Uttarakhand

Citation: 2024 LiveLaw (Utt) 11

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