Bail Cannot Be Claimed As A Right: JJB Srinagar Rejects Bail Plea Of Two Juveniles In Krishna Dhaba Terror Attack

Background Facts

The son of Abdul Aziz Mir, Vilayat Aziz Mir, a juvenile, and Shakeel Ahmad Ganaie, son of Mohammad Shafi Ganaie resident of Wanpora Pulwama and Mamal Pahalgam respectively, against whom FIR has been registered at Police Station Ram Munshi Bagh Srinagar under Section 302 and 120B of Indian Penal Code, in connection with Krishna Dhaba terror attack.

The Child in Conflict with Law had filed this bail application, and the same presented before Police Station Ram Munshi (RM) Bagh, alleging that CCLs are peace-loving, law-abiding citizens having a high social position and a highly esteemed honor and repute in the locality, society and their neighborhoods to seek bail from the JJB Srinagar.

Counsel for applicants seeks bail in favour of the applicants (CCLs). He claimed the applicants were entitled to regardless of the gravity of the offences.

Prosecution counsel submitted that the investigation is in its beginning stage and this bail application will have contrary effects on the reasonable conclusion of the investigation.

Police Report States

The police which turn out that they detained the CCLs on 19/02/2021 and 23/02/2021 after it registered the FIR under Sections 302, 120B of the Indian Penal Code has presented before the Board the Report. The investigation of the instant case is at its preliminary stage.

The FSL reports still pending and much evidence is still to be investigated, gathered and corroborated.

Juvenile Justice Board Observation & Order

The board while inspecting the Police Report, Bail Application, objections filed by the Ld APP, the rival arguments advanced by the Ld Counsel, Case Histories, and ICPs of the CCLs presented by the Probation Officers. Apart from this, they also referred to interpreting the law on the present subject by the Hon’ble Apex Court and various other Hon’ble High Courts in strings of judgments laid by them. They observed that the following factor are to be considered while granting bail in a non-bailable offence.

The factors involve the nature of the charge, and the facts and circumstances play a predominant role.

The board while reading Section 12 of Juvenile Justice (Care & Protection of Children) Act, 2015 observed, the legislature intends to grant bail to the children regardless of the gravity or nature of the offence alleged to have been committed by him, and bail can be rejected only on reasonable grounds.

They were of the view, considering investigation conducted till now, some hardened criminals have exploited the CCLs and there is a rational ground for believing that their discharge on bail currently might again bring them in contact with such known criminals who are yet to be detained and expose them to physical danger at the hands of terrorists or anti-national elements.

What is your take on the application filed by the CCLs and the court’s observation and order passed by them on the same? Tell us in the comments below.