[Murder case] Juvenile granted bail by Allahabad High Court after co-accused adult released on bail

The Allahabad High Court recently granted bail to a juvenile in a murder case, reasoning that one of co-accused, an adult, had earlier been granted by bail [X v State of UP]..Justice Shamim Ahmed held that there was no justification to hold that the juvenile is not entitled to bail especially in view of the fact that he had done substantial period of institutional incarceration, and had no criminal history.“What is of prime importance in this case is that the juvenile, who is a young boy, less than the age of 18 years, has no criminal history. There is nothing said against the juvenile, appearing from the Social Investigation Report that may show him to be a desperado or misfit in the society,” the Court said..The State had opposed the plea claiming that release on bail would bring the accused into association with some known criminals, and expose him to moral, physical and psychological danger. This would defeat the ends of justice considering that he was involved in a heinous offence, it was submitted..Counsel appearing for the juvenile claimed that there was no apprehension to believe the State’s submission. It was argued that the accused being a minor, could not be held in institutional incarceration any further once a similarly circumstanced co-accused was given bail..It was submitted that he would accept all conditions, even as there was no likelihood of any early conclusion of trial given the huge pendency of cases.The Court agreed with the contentions of the juvenile, and granted bail subject to his natural guardian furnishing a personal bond with two solvent sureties of his relatives each to the satisfaction of the Varanasi Juvenile Justice Board, among other conditions..The High Court directed the trial court to “make every possible endeavour” to conclude the trial within a period of four months, without granting unnecessary adjournments to either of the parties..Advocate Birendra Kumar Mishra appeared for the juvenile..[Read Order]