The Supreme Court ruled that bail for juveniles cannot be denied unless the court determines that their release would compromise the interests of justice. The decision emphasizes that the presumption of granting bail should be the norm, and exceptions should only be made if there is a clear risk of undermining justice.
New Delhi: The Supreme Court ruled that bail cannot be denied to a juvenile in a criminal case unless the court specifically records that the minor is likely to associate with known criminals, be exposed to moral, physical, or psychological harm, or if their release would undermine the ends of justice.
A bench comprising Justices Abhay S. Oka and Augustine George Masih overturned the orders of the Rajasthan High Court and the juvenile justice board, which had previously denied bail to a juvenile accused of sexually assaulting a minor.
The bench emphasized that the juvenile in question had been in custody for over a year, stating,
“The impugned orders are set aside. The appeal is accordingly allowed,”
The Court ordered that the juvenile be released on bail without surety.
The bench further directed the jurisdictional Juvenile Justice Board to instruct the jurisdictional Probation Officer to monitor the juvenile and submit regular reports on his conduct. Referring to the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), the bench pointed out that under Section 12(1), a juvenile must be “necessarily released on bail,” with or without surety, unless specific conditions in the proviso apply.
The proviso to Section 12(1) stipulates that a juvenile should not be released if there are reasonable grounds to believe that such a release could lead to association with criminals, or expose the juvenile to danger, or if it would defeat the ends of justice.
The bench noted,
“There is no finding recorded that the proviso to sub-Section 1 of Section 12 is applicable to the facts of the case. Without recording the said finding, bail could not have been denied to a juvenile in conflict with law.”
The Supreme Court also referred to a psychological assessment report of the juvenile, which indicated that he does not belong to a high-risk category, and no concerns were listed against him.
The bench observed,
“Though none of the courts at no stage have recorded a finding that in the facts of the case, the proviso to sub-section 1 of section 12 (of JJ Act) was applicable, the juvenile in conflict with law has been denied bail for the last one year.”
The boy, who was taken into custody on August 15, 2023, and sent to a juvenile care home, had his bail pleas rejected twice under Section 12(1) of the JJ Act, and his appeal was also dismissed by the High Court.
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The Supreme Court‘s ruling reinforces the principle that juveniles should be granted bail unless there are compelling reasons to deny it, reflecting the broader intent of the Juvenile Justice Act to prioritize the welfare and rehabilitation of young offenders.
This decision also serves as a reminder to lower courts to meticulously apply the law and ensure that any deviation from the standard practice of granting bail to juveniles is well-documented and justified.