In a landmark judgment, the Supreme Court denied bail to a school student accused of circulating obscene videos of his classmate, a 14-year-old, which allegedly drove her to suicide.
The apex court has made an exception to the norm that children in conflict with law (CILs) should be granted bail irrespective of the crime’s seriousness.
On January 10 2024, the Juvenile Justice Board (JJB), Haridwar, had rejected the bail plea of the child, who had been booked under Sections 305 and 509 of IPC and Sections 13 and 14 of POCSO Act.
After JJB’s decision was upheld by the Uttarakhand High Court, the boy, through his mother moved the Supreme Court seeking bail. Her advocate argued that the boy’s parents would take care of him and he should not be sent to a reform home.
The girl’s father lodged a police complaint alleging that the boy had shot obscene videos of her and circulated the clips among students. This is what forced her to take her life, the father said. The girl had gone missing from her residence on Oct 22 last year and her body was recovered later.
SC and HC in agreement
The apex court bench of Justices Bela M Trivedi and Pankaj Mithal on Monday examined the HC judgement and said it was right in declining bail to the juvenile. While dismissing the boy’s appeal, the SC bench said, “After carefully perusing the material placed on record, we are not inclined to interfere with the impugned order passed by the high court at this stage.”
Perusing the social investigation report about the juvenile boy, the HC had said that he was an undisciplined child keeping bad company and that he required strict disciplining. The report also stated that on release, there could be further untoward incidents involving him.
“Having considered the social investigation report, the medical examination report, the report from the school, this court is of the view that the best interest of the child would be served if he is not granted bail. If he is released on bail, it would definitely defeat the ends of justice,” Justice Maithani had said while rejecting his bail.
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