Introduction:

In a significant legal development, the Uttarakhand High Court has extended bail to a juvenile accused under Sections 376(3), 506 IPC, and Section 5(j)(ii)/6 of the POCSO Act, 2012. The case involved allegations of molestation and threats against a minor victim, leading to the accused being tried as an adult under Section 18(3) of the Juvenile Justice Act, 2015. Justice Ravindra Maithani presided over the bench that deliberated on the bail application.

Arguments of Both Sides:

The counsel representing the accused juvenile highlighted his clean record, exemplary behavior in the observation home, and academic diligence. They also raised doubts about the reliability of DNA evidence. The State, represented by Ms. Manisha Rana Singh, acknowledged the accused’s satisfactory conduct as per the Social Investigation Report.

Court’s Judgement:

The High Court, invoking Section 8(2) of the Juvenile Justice Act, underscored the importance of upholding juvenile rights, even when tried as adults. Drawing from precedents like Ccl A vs. State Nct of Delhi (2020) and Siddalinga SN vs. State of Karnataka (2023), the court emphasized that juveniles should not be deprived of bail unless exceptional circumstances warrant otherwise. The Social Investigation Report, portraying the accused’s good conduct, further bolstered the decision to grant bail.

In accordance with the provisions of the Juvenile Justice Act, the court granted bail and placed the accused under stringent conditions, including custody under his father’s supervision.