JJB denies bail to juvenile accused in gang-rape case

Excelsior Correspondent

RAJOURI, Sept 29: The Juvenile Justice Board (JJB) Rajouri has rejected the bail plea of a 17-year-old boy accused in the sensational gang-rape case of a minor girl, observing that his release at this stage would “defeat the ends of justice” and send a wrong signal to society.
The case pertains to the alleged sexual assault of a 14-year-old girl, who in her statement before the Child Welfare Committee had named as many as ten men, including the Child in Conflict with Law (CCL), as her assaulters. The incident came to light on August 20, 2025, when the victim was rescued and her statement recorded under the law.
The bail application was moved by the father of the CCL, who argued that his son had been falsely implicated, was below 18 years of age, and that his continued detention would adversely affect his education and future.
The prosecution strongly opposed the plea, stating that the CCL not only committed the heinous offence but also lured other boys into participating. The Assistant Public Prosecutor argued that releasing the accused would pose a threat to society, risk his association with known criminals, and expose him to moral and psychological dangers
The Board, comprising Principal Magistrate Assma Choudhary and Members Anuradha Sharma and Shawani Gupta, observed that the offences involved fall under the “heinous” category under the Juvenile Justice Act. Since the CCL was above 16 years of age, the case would be governed by Section 15 of the Act, requiring a preliminary assessment to determine whether he should be tried as an adult.
The order noted that Section 12 of the JJ Act generally favours bail for juveniles, but makes exceptions when release could expose them to danger, bring them in contact with criminals, or defeat the ends of justice. Referring to the Chhattisgarh High Court ruling in “ABC Vs State of Chhattisgarh”, the Board emphasized that bail is not mandatory in all juvenile cases, particularly where the crime is grave and society’s sense of justice is at stake.
Describing the victim’s ordeal as “heart-wrenching,” the Board observed that the manner in which the crime was committed had “tarnished her innocence and may turn out to be a lifelong trauma”. The order added: “This case compels us to think and introspect about where society is headed. Release of the CCL would be an injustice to the victim and defeat the ends of justice”.
After considering the victim’s statement, the seriousness of the allegations, and the stage of investigation, the JJB dismissed the bail application.