Excelsior Correspondent
SRINAGAR, Nov 6: Principal Sessions Judge Bandipora has granted bail to a juvenile accused of rape and directed the prosecution to complete the enquiry in the case within a specified time period.
The accused Juvenile Umar Farooq Beigh of Sumbal Bandipora filed a criminal appeal against the order of rejection of bail by the Principal Magistrate JJB Bandipora in FIR 79/2021 through his counsels T A Lone and Umar Mir on the ground that the order of Principal Magistrate JJB is perverse and without application of mind as such need to be set aside.
Principal Sessions Judge Bandipora presided by Mohammad Ibrahim Wani said the rejection of bail to the accused by the JJB on the ground that there are chances of clash in between the parties and the child in conflict with law may become victim of the complainant party.
Court said that under the Juvenile Justice Act the position of law is that grant of bail to a juvenile in conflict with law is a norm and the refusal of bail is an exception only. “Juvenile in conflict with law cannot be kept in custody during the enquiry indefinitely. No doubt the offence committed allegedly by the juvenile is heinous and serious in nature, but being juvenile is conflict with law, bail cannot be rejected on the ground of seriousness of crime”, court recorded while granting bail to the accused-juvenile with certain conditions.
Court laid a condition that the parents of the juvenile shall have to furnish a bond before the JJB to the effect that during the inquiry pending before the JJB, they shall take proper care of the juvenile and ensure that he or any other family member shall not directly or indirectly contact with the complainant party.
“They shall ensure that the juvenile shall not in any way get into contact with the victim or any other of her family members. The parents shall have to execute a bail bond and personal bond to the tune of Rs 50000 before JJB for ensuring the presence of juvenile before the JJB during the enquiry”, Court directed.
Court further directed that the juvenile shall not leave the Valley without prior permission from the JJB and in case he or his parents violated any of the conditions of bail, it will be free for the prosecution to move before the JJB for cancellation of his bail. Court further directed the enquiry against the juvenile is to be completed within a specified period of time.
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