Allahabad High Court: Gravity of Crime Not Basis for Denying Bail to a Minor

Hearing a matter on the bail of accused minor Allahabad High Court has said that the gravity of the crime is not included in the grounds shown for refusing bail to a minor accused of a crime in the Juvenile Justice Act. Therefore, the gravity of the crime is not a factor while considering bail.

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The court said that the law provides for refusing bail on three grounds only: moral, physical and mental danger to the minor if released on bail or if he is kept in custody in contact with an unknown criminal or the possibility of defeating the purpose of justice by release.

These have not been made the basis in the order of Special Court Shahjahanpur refusing to release the petitioner on bail. The co-accused have already got bail. Therefore, the petitioner is also entitled to get bail.

Allahabad High Court has cancelled the report of the Chief Magistrate Juvenile Justice Board of 28 February and 18 January. Hewever, the report was considered in Additional Sessions Court Special Court POCSO. At the same time has directed to release the minor accused on bail.

This order has been given by Justice Manish Kumar Nigam while approving the criminal revision petition. An FIR has been lodged against the petitioner and several others at Tilhar police station in Shahjahanpur. The FIRs are under sections 147, 148, 149, 364, 302 and 34 of the Indian Penal Code.

The order of the special juvenile court refusing to grant bail was challenged.

The petitioner’s lawyer said that his age was 16 years and 6 months at the time of the incident. He has no criminal history. The trial is not likely to be completed soon.