सुप्रीम कोर्ट ने राजस्थान हाईकोर्ट-जुवेनाइल बोर्ड का आदेश बदला: कहा- नाबालिग को जमानत से इनकार नहीं किया जा सकता; सालभर से हिरासत में था

The court said that the JJB should give necessary instructions to the probation officer who monitors the minors and reports on their conduct.

The Supreme Court on Friday said that bail cannot be denied to a minor unless there is a possibility of him getting associated with any major criminal.

In its judgment dated August 14, a bench of Justices Abhay S Oak and Augustine George Masih set aside the orders of the Rajasthan High Court and the Juvenile Justice Board (JJB). In its order, the court cited Section 12(1) of the JJ Act of 2015.

The court also directed that the minor be released without any security deposit. The minor was in custody for the last one year on charges of sexual harassment.

SC said- the reason for not granting bail must be recorded

The Supreme Court said- JJB should give necessary instructions to the probation officer who monitors the minor and reports on his conduct. The minor should be granted bail. For this, he should be kept under the supervision of a probation officer or any competent person.

The court ordered that the JJB will also record the reasons for refusing bail and give a concrete reason for it. The court reviewed all the orders of the JJB, the special court and the High Court, especially the order of the JJB dated 11 December 2023.

Supreme Court said- not granting bail is a violation of fundamental rights
The Supreme Court had given a similar decision in another case on August 13. During the hearing, the court had said that bail is the rule and jail is the exception, this legal principle also applies in special cases like UAPA. If the courts start denying bail in cases where bail should be granted, it will be a violation of fundamental rights.

The court had made this comment while granting bail to the accused Jalaluddin Khan. A case was registered against Jalaluddin under UAPA. He was accused of wanting to create a ruckus in PM Modi’s convoy during his Bihar visit in 2022.

On that day too, the bench of Justice Abhay Oak and Augustin George Masih had heard the case. The bench had said, “The allegations of the prosecution may be serious, but it is the duty of the court to consider bail keeping in mind the law.” Read full news…

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