HC REFUSES BAIL TO A BOY ACCUSED OF ATTACKING UNCLE’S DAUGHTER THE COURT DIRECTED TO CONCLUDE THE TRIAL OF THE ACCUSED WITHIN THREE MONTHS.

PRAYAGRAJ: Refusing bail to a 15-year-old boy accused of “dastardly attack” with knife on his 14-year-old cousin (sister) when she was sleeping in her home at night, the Allahabad high court observed, “manner and the circumstances in which the crime has been committed, places the tranquillity of the society at a serious level of threat.”

However, the court directed to conclude the trial of the accused within three months. Justice JJ Munir dismissed the revision petition filed by the minor boy from Ghaziabad.

Counsel for the petitioner argued, “Revisionist is a young offender aged a little less than 15 years with no criminal background.

He ought not be denied bail, going by the provision of Section 12(1) of the Juvenile Justice Act which says that juvenile has a right to bail and can be denied only in exceptional cases as provided in the Act.”

State government counsel opposed the bail arguing if the accused was set free on bail, it would lead to “ends of justice being defeated”. After hearing the concerned parties, the court observed, “No doubt, in the case of a juvenile, bail is to be granted as a matter of course, but the Legislature has distinctly engrafted three exceptions to the rule of universal bail.”

“Circumstances of the crime show that the revisionist, for whatever reason, entered the living quarters of his uncle (father’s brother), and stabbed his cousin, the victim, while the other family members were around. He did so when the victim was asleep, at 1 o’ clock in the night. The evidence about the attack, that the medico-legal report shows, discloses a determined and dastardly attack, to do the victim to death. There are nine incised wounds sustained by the victim, on various parts of her body, including the front of neck.”, the bench observed. The court while dismissing the revision petition observed ,”It sends out a message that family members as close as a cousin, cannot be trusted with something as precious as security of life, let alone limb.

The kind of conduct exhibited by the revisionist prima facie is certainly one where his release on bail, pending proceedings, in the considered opinion of this Court, would lead to ends of justice being defeated.

This Court does not find it to be a fit case, where the orders impugned ought to be interfered with.”

An FIR was lodged on June 17, 2019 under section 307 (attempt to murder) of the Indian Penal Code at Sihani gate police station of Ghaziabad by one Mursaleen. It was alleged in the FIR that on June 16, 2019, when Mursaleen’s daughter was asleep at home at about 1 am his brother’s son entered his house and stabbed his daughter. His daughter sustained stab injuries to her abdomen and neck. The judgment was passed on January 22.