How was bail denied despite Juvenile Justice Act? Supreme Court frees youth on Independence Day eve

The Supreme Court on Wednesday slammed the Rajasthan High Court and the concerned Juvenile Justice Board (JJB) for denying bail to a juvenile in conflict with the law who had been incarcerated for over a year [Juvenile in Conflict with Law v State of Rajasthan and anr]..A Bench of Justices Abhay S Oka and Augustine George Masih noted that Section 12 of the Juvenile Justice Act, 2015 (JJ Act) calls for the grant of bail to juvenile persons accused of violating the law unless exceptional circumstances are made out to deny bail. "How bail can be denied to a juvenile in conflict with the law when Section 12 of JJ Act is there?" Justice Oka remarked during the hearing.The counsel for the juvenile pointed out that Section 12 is routinely not followed in Rajasthan.The Court took a serious view of this larger issue, and proceeded to grant the accused youth bail. "No reasons have been taken down by the JJ Board. Bail has been denied despite presence of Section 12. Something has to be done regarding this in an appropriate case. Tomorrow is Independence Day, and we are giving him freedom," Justice Oka orally said before passing a detailed order..The case against the juvenile was under Sections 354 (outraging modesty of woman) and 506 (criminal intimidation) of the Indian Penal Code (IPC) and Sections 9 and 10 of Protection of Children from Sexual Offences Act (POCSO Act). On August 15, the juvenile was taken into custody and was sent to Juvenile care home. The chargesheet was filed on August 25.Under Section 12, the juvenile made an application for bail, however the same was rejected. On December 11, the second bail application was also rejected by JJ Board. Both Sessions Court and the High Court denied bail to juvenile.Aggrieved, the juvenile approached the apex court..The Court noted that none of the orders of the courts below as well as the JJ Board had recorded any finding as to the applicability of Section 12."Without recording the said finding, bail could not have been denied to juvenile in conflict with law," the Court noted.The Court also took note of the Psychological Assessment Report of the juvenile wherein nothing adverse had been said against him. In view of the same and taking into account the fact that the juvenile has been in custody for last one year, the bench proceeded to release the juvenile accused on bail without surety."Though none of the courts at no stage have recorded a finding that in the facts of the case, the proviso to subSection 1 of Section 12 was applicable, the juvenile in conflict with law has been denied bail for last one year. Hence, the impugned orders are set aside. The appeal is accordingly allowed. We direct that the juvenile in conflict with law shall be released on bail without surety," the Court said in its order..Advocates Abhishek Gupta, Deepak Chauhan and Praful Shukla appeared for the juvenile. Additional Advocate General Shiv Mangal Sharma and advocates Prateek Ahuja and Nidhi Jaswal appeared for the State of Rajasthan..[Read Judgment]