Supreme Court Grants Bail to Juvenile After Year-Long Detention
The Supreme Court ruled that bail cannot be denied to a juvenile unless the court records that the minor is likely to be associated with a criminal, face moral, physical, or psychological danger, or if release would defeat justice. The court overturned lower court decisions denying bail to a juvenile accused of sexual assault.
- Country:
- India
The Supreme Court has ruled that bail cannot be denied to a juvenile in a criminal case unless there are reasonable grounds to believe the minor may be at risk of associating with a known criminal, or exposed to moral, physical, or psychological danger, or if their release would defeat the ends of justice.
A bench comprising Justices Abhay S Oka and Augustine George Masih set aside previous rulings by the Rajasthan High Court and the juvenile justice board that denied bail to a juvenile accused of sexual assault. The court noted that the minor had been in custody for over a year and ordered his release on bail without surety, with mandated supervision and periodic reports by a probation officer.
Noting sub-section 1 of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the bench emphasized that a juvenile in conflict with the law must be released on bail unless specific exceptions are recorded. The Court found no such exceptions had been noted in this case, making the continued detention unjustified.
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