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| JJB Srinagar rejects bail of two juveniles in Krishna Dhaba terror attack case | | | ASIF IQBAL NAIK
EARLY TIMES REPORT
JAMMU, May 20: In a significant development, the Juvenile Justice Board (JJB) Srinagar’s coram comprising Principal Magistrate Touseef Ahmad Magrey, and members Khair-ul-Nisa and Dr Asima Hassan rejected the bail application of the two juveniles involved in Krishna Dhaba terror attack case.
The juveniles-Vilayat Aziz Mir, son of Abdul Aziz Mir, R/o Wanpora Pulwama, D.O.B. 10/04/2006 and Shakeel Ahmad Ganaie, son of Mohammad Shafi Ganaie, R/o Mamal Pahalgam, D.O.B.26/02/2004 were booked against FIR NO: 11/2021 U/S: 302, 120B IPC, 13,16,18,20 ULA(P) Act 7/25, 7/27 A Act registered at Police Station Ram Munshi Bagh Srinagar in connection with the Krishna Dhaba terror attack.
According to the reports, the applicants/ ‘Child in Conflict with Law’ (CCL) had filed this bail application submitting therein that Police Station Ram Munshi (RM) Bagh have apprehended them in a false and frivolous FIR. Further stated that the CCLs are peace loving, law abiding citizens having a high social status and a highly esteemed repute and honour in the locality, society and in their neighbourhoods and seek bail from the JJB Srinagar.
The Police Report has been presented before the Board by P/S Ram Munshi Bagh which transpires that the CCLs were apprehended on 19/02/2021 and 23/02/2021 in a case FIR No. 11/2021 registered under Sections 302, 120B IPC, 13,16,18,20 ULA(P) Act 7/25, 7/27 A Act at Police Station RM Bagh and investigation of the instant case is at its initial stage. Moreover FSL reports are pending and many evidences are still to be explored, collected and corroborated.
Written arguments were advanced by the Learned Counsel for applicants seeking bail in favour of the CCLs. He stated that the CCLs are entitled to bail irrespective of the gravity of the offences.
Learned APP for prosecution has submitted that the investigation of the case is in its infancy stage and as such allowing this bail application will have adverse effects on the logical conclusion of the investigation. The Board perused the Bail Application, Police Report, objections filed by the Ld APP, the rival arguments advanced by the Ld Counsel for the applicant and Ld APP and SIRs, Case Histories and ICPs of the CCLs presented by the Probation Officers. Besides, interpretation of the law on the subject by the Hon’ble Apex Court and various other Hon’ble High Courts of our country in catena of judgments have laid down that the following material consideration which the Courts/Boards should keep in mind while granting bail in non- bailable offences: That the nature of the charge is the vital factor and the facts and circumstances play a predominant role.
The Board observed that from a bare reading of the provisions of Section 12 of Juvenile Justice (Care & Protection of Children) Act, 2015, it appears that the intention of the legislature is to grant bail to the children irrespective of the nature or gravity of the offence alleged to have been committed by him, and bail can be declined only on reasonable grounds.
Going by the investigation conducted till now, it seems that some hardened criminals have exploited the CCLs and there is a reasonable ground for believing that their release on bail at this juncture might again bring them in contact with such known criminals which are yet to be apprehended. Further, there is also a reasonable apprehension that release of CCLs at this juncture might expose them to physical danger at the hands of terrorists or anti-national elements.
As such, it will be in the best interest of the CCLs as envisaged under one of the Fundamental Principles of Juvenile Justice (Care and Protection of Children) Act, 2015 to let the CCLs stay in the Child Care Institution, Observation Home, Harwan where the process of reformation and rehabilitation is initiated for subsequent social reintegration of the CCLs.
The Board in light of existing law on the subject feel constrained to reject this bail application. |
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