Today, On 14th August, The Supreme Court granted bail to a young accused on the eve of Independence Day, questioning how bail had been denied despite the provisions of the Juvenile Justice Act. “Tomorrow is Independence Day, and we are giving him freedom,” the Court remarked while overturning the earlier decision.
New Delhi: The Supreme Court criticized the Rajasthan High Court and the Juvenile Justice Board (JJB) on Wednesday for denying bail to a juvenile who had been detained for over a year.
A Bench comprising Justices Abhay S Oka and Augustine George Masih emphasized that Section 12 of the Juvenile Justice Act mandates granting bail to juveniles accused of offenses unless there are exceptional circumstances to justify denial.
During the hearing, Justice Oka questioned,
“How can bail be denied to a juvenile in conflict with the law when Section 12 of the JJ Act exists?”
The juvenile’s counsel highlighted that Section 12 is often disregarded in Rajasthan. The Court, acknowledging the seriousness of this issue, granted bail to the accused youth.
Justice Oka further remarked,
“No reasons have been recorded by the JJ Board. Bail has been denied despite the presence of Section 12. Something must be done about this in an appropriate case. Tomorrow is Independence Day, and we are giving him freedom.”
The Bench set-aside the Rajasthan High Court’s decision that denied bail, and granted bail to the juvenile accused.
According to Section 12 of the Juvenile Justice Act, when a juvenile is accused of and arrested for a non-bailable offense, they must be presented before the Juvenile Justice Board (JJB) and should typically be released on bail without requiring any surety.
Advocate Abhishek Gupta represented the juvenile accused before the apex court, while Advocate Nidhi Jaswal represented the State of Rajasthan.
In conclusion, the Supreme Court‘s decision not only provided relief to the juvenile but also reinforced the humanitarian principles underlying the Juvenile Justice Act. This ruling highlights the judiciary’s commitment to upholding the rights and dignity of juveniles, even in cases involving serious allegations.