[Srinagar Acid Attack Case] Juvenile Justice Board declines bail to accused 8th standard student

The Juvenile Justice Board (JJB), Srinagar on Wednesday rejected the bail application of a youth allegedly involved in the Srinagar Acid Attack case..Three persons including a Child in Conflict with Law (CICL), who is an 8th standard student, were booked for allegedly throwing acid on the face of a woman in Jammu and Kashmir's Srinagar in February, 2022..The order passed by a coram comprising Principal Magistrate Touseef Ahmad Magray, and members Khair-ul-Nisa and Dr. Asima Hassan observed that release of youth on bail at this stage would certainly defeat the ends of justice."The gravity of the charge, manner of its perpetration, circumstances in which the offence is alleged to have been committed, its immediate and not so immediate impact on the society at large and the locality, in particular, besides its impact on the aggrieved family, are all matters to be taken into reckoning while judging a juvenile's bail plea. All these factors are relevant under the last disentitling clause postulated under the proviso to Section 12 (1) of the (Juvenile Justice) Act, which says that release of the juvenile would ‘defeat the ends of justice’," the JJB said. .While rejecting the bail application of juvenile, the JJB opined that he needs reformation of the highest degree so as to make him understand that the norms of society and laws of land are to be adhered to."In the instant case alleged act of Applicant/CICL wherein he accompanied the main Accused to commit the alleged crime and post occurrence behavior of Applicant/CICL, all point out to the fact that CICL needs reformation of highest degree so as to make him understand that the norms of society and laws of land are to be adhered to," the order stated. .As per the prosecution story, three youth including juvenile threw acid on a 24-year-old woman on February 1 in old city Srinagar leaving her face completely damaged.The bail plea was moved by the juvenile who was charged for offences falling under Section 326A (punishment for acid attack) read with 120B (criminal conspiracy) of the Indian Penal Code. .The counsel for the applicant stated that the child is entitled to bail irrespective of the gravity of the offence and grant of bail to the juvenile is not a liberty for him to commit an offence.Moreover, parents of the juvenile should also be given moral and ethical sessions so that they can guide their child in a proper manned, it was submitted..The prosecution pointed out that the Jammu and Kashmir Police had filed a 1,000 page charge sheet against three persons, including the juvenile, and stated that there is enough proof to prove their involvement..The JJB noted that the proviso to Section 12 of the JJ act provides that a CICL shall not be released if there are reasonable grounds to believe that the release is likely to bring that person into association with any known criminal or expose him/her to moral, physical or psychological danger or the person's release would defeat the ends of justice..The JJB referred to the reports submitted by the Probation Officer of the observation home and Legal Cum Probation Officer and Social Worker, District Child Protection Services, Srinagar. The reports stated that in case CICL is released on bail, the criminals who used the CICL may again approach him and get him involved in more dangerous and unlawful activities. It also submitted that CICL is in need of proper counselling and guidance for the purpose of becoming a good human being..Accordingly, the JJB declined to allow the bail plea while taking into consideration the nature and gravity of allegations and the overall circumstances. Instead it ordered that he continue to be placed at Observation Home, Harwan, Srinagar..The applicant was represented Mir Tashveeq & Associates and Additional Public Prosecutor Zaffar Iqbal Shaheen argued for the prosecution. .[Read Order]