Allahabad High Court Rules : Bail Cannot Be Refused To Juvenile If A Similarly Situated Adult Offender Has Been Granted Bail
Allahabad High Court Rules : Bail Cannot Be Refused To Juvenile If A Similarly Situated Adult Offender Has Been Granted Bail
Very recent the Allahabad High Court reiterated that a juvenile has the right to be released on bail where a similarly circumstanced adult offender has already extended that liberty.
The Bench of Justice Shamim Ahmed further opined that once an adult co-accused has been given bail there is no need for an additional justification regarding bail to a juvenile in relation to proviso to sub-section (1) of Section 12 of Juvenile Justice Act.
In this case, a Revision was filed against a Juvenile against the judgement passed by Special Judge (POCSO) Act dismissing a criminal appeal filed against Juvenile Justice Board that refused him bail.
The trial court had refused to grant him on the ground that the release will lead to the ends of justice being defeated and therefore he can’t be given bail.
When the matter reached the High Court it noted that it does not fall under the special category of 16-18 years so her case can’t be viewed differently.
The court opined that a juvenile particularly one who is under 18 years should get bail and especially if he does not fall into the category that disentitles bail.
Case No.: Revision (Crl) No.: 860/2022
