Nexus of Bail and a Minor in Conflict of Law

Position of juveniles in bail

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Children or juveniles in the legal term, are those sections of human beings who are rather new to this world, and are constantly growing in both mental and physical attributes, who will later contribute to the human capital of any xyx economy. But the truth in reality is, that bad elements of society are simply not limited to adults only, it is applicable to every human being, meaning that children or juveniles are also part of it. Children are a very valuable commodity which is to be protected by all the bad elements of society, to achieve that goal, the legislature of the land of India, took initiative and made legislation, specifically to address and fight the issue that we have so discussed above. The legislation so enacted by our legislature are as follows:

1.???? Juvenile Justice (Care and Protection of Children) Model Amendment Rules, 2022

2.???? Commissions for Protection of Child Rights Act, 2005

3.???? Commissions for Protection of Child Rights (Amendment) Act 2006

4.???? Commission For Protection of Child Rights Rules, 2006

5.???? The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021

6.???? Juvenile Justice (Care and Protection of Children) Rules, 2007

7.???? Juvenile Justice (Care and Protection of Children) Amendment Act, 2006

8.???? Juvenile Justice (Care and Protection of Children) Amendment Act, 2011

9.???? Juvenile Justice (Care and Protection of Children) Act, 2000

10.? The Juvenile Justice (Care And Protection Of Children) ACT, 2015

11.? The Juvenile Justice (Care And Protection Of Children) ACT, 2015

12.? Right of Children to Free and Compulsory Education Act 2009

13.? Right of Children to Free and Compulsory Education Rules , 2010

14.? Right of Children to Free and Compulsory Education Rules , 2010

15.? Protection of Children From Sexual Offences Act, 2012

16.? Protection of Children From Sexual Offences Act, 2012

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The only provision that seeks to provide and enlarge a juvenile on bail is Section 12 of the Juvenile Justice Act, which states that: “ (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 but he shall not be so released if there appear 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 sub-section (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 the inquiry regarding him as may be specified in the order.”

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Judgements

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(1) Atul Kumar and another v. State of Haryana, 2003(4) RCR (Criminal) 404, where the juvenile therein was accused for offences under Sections 302/323/147/149IPC, the hon’ble Allahabad high Court opined as under:

"I am further of the view that there has to be some evidence on record showing that after the release on bail, the petitioners are likely to come in association with any known criminal or their release on bail would expose them to moral, physical or psychological danger or that their release would defeat the ends of justice. In a given case if the parents of the petitioners are also criminals either ex-convicts or members of a gang, it may be possible for the court to refuse bail. Another example could be whether the petitioners have repeated the crime showing lapse on the part of the parents after their release while on bail, then the case may be covered by the exceptions carved out under Section 12 of the Act. However, in a case like the one in hand, where no material has been placed on record to show that the release of the juvenile in conflict with law would defeat the ends of justice or any other exception, the petitioners cannot be denied the benefit of bail merely on the basis of conjectures or opinion formed by the prosecution or the court.”

(2) The Court in Ramesh alias Meshu v. State of Haryana, 2005(1) RCR (Criminal) 65 while considering the prayer for bail by a juvenile accused for offence under Sections 376, 452 and 325 IPC opined as under:

"I have heard the argument of the counsel for the parties and gone through the impugned orders passed by the Juvenile Justice Board as well as Additional Sessions Judge, Sonepat. In my opinion, rejection of bail application of the petitioner by the courts below only on the ground that it will defeat the ends of justice, is wholly erroneous. The prosecution has not produced any material or evidence that release of the petitioner will defeat the ends of justice. The granting of bail to a juvenile is must notwithstanding anything contained inthe Code of Criminal Revision No. 2165 of 2009 [3] Criminal Procedure or in any other law for the time being in force. However, bail can only be declined in exceptional circumstances where it appears to the court that the release of the petitioner 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.”

Sheela Barse & Anr. v. Union of India & Ors

3. Sheela Barse & Ors. v. Union of India & Ors.

?4. Pratap Singh v. State of Jharkhand & Anr.

5. Hari Ram v. State of Rajasthan & Anr.

6. Jitendra Singh @ Babboo Singh & Anr. v. State of U.P.

7. Sampurna Behura v. Union of India & Ors.

8. Abuzar Hossain @ Gulam Hossain v. State of West Bengal

?9. Anjum Abdul Razak Memon vs State of Maharashtra

10. Salil Bali v. Union of India & Anr.

11. Shabnam Hashmi v. Union of India & Ors

12. Dr.Subramaniam Swamy & Ors. v. Raju Thr. Member Juvenile Justice Board & Anr

13. Parag Bhati (Juvenile) through Legal Guardian - Smt. Rajni Bhati versus State of Uttar Pradesh & Anr.

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Conclusion: juveniles are entitled to bail only on the specific condition, that the minor in question or in conflict in law, is not affiliated with the kind of company, that can otherwise cause significant degrade in the mindset, judgement, and actions of a juvenile, as a direct result of prolonged company.

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