Tanvi Sinha
The Chhattisgarh High Court stated that the gravity of an offence is not a ground to deny a minor bail.
The case came before a single judge bench of Justice Rajesh Chandra Singh Samant after the juvenile’s father filed a complaint challenging the order passed by an additional sessions judge and the Principal Magistrate, Juvenile Justice Boardwhere the juvenile was not given bail.
The father, one Haldhar Gonda had mentioned in his petition that the case against the minor was false and he was denied bail even as social status report was in favour of the juvenile, but his bail application was still rejected.
The state counsel opposing the revision bail petition stated that the offence the youth was charged under was extremely grave and as such the board and court having committed no error in passing the rejection order.
The judge however stated that the gravity of an offence could not be made into a reason to withhold bail to a juvenile and that there are specific circumstances made out according to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act or the JJ Act.
On being satisfied that there were no special circumstances present by a report of the probation officer, the court put aside the judgement of the Board and the Appellate court and granted the juvenile bail.