Juvenile Justice Board (JJB) Srinagar Wednesday rejected the bail application of two juveniles in Krishna Dhaba attack case.
After hearing additional public prosecutor Zaffar Shaheen and defence counsel, the JJB comprising Principal Magistrate Touseef Ahmad Magray and members Khair-ul-Nisa and Dr Asima Hassan said that “nature of the charge is the vital factor and the facts and circumstances play a predominant role while deciding bail application.”
The Board observed that it is the cardinal principle of law as well as provided in the JJ Act itself that where there is a possibility of exposure of children with hardened criminals and repetition of similar offences, the JJB would be fully justified in refusing to grant bail to Children in Conflict with Law (CCL).
It added that CCLs in the instant case seem to have been exploited by some unknown persons.
“Investigation is still in progress and some more persons are to be apprehended. Going by the investigation conducted till now, it seems that some hardened criminals have exploited the CCLs. 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,” the Board added.
“Further, there is also a reasonable apprehension that release of CCLs at this juncture might expose them to physical danger at the hands of anti-national elements,” it added.
Referring to various provisions of law and Supreme Court judgments, the Board observed that it will be in the best interest of the CCLs to let the them stay in the Child Care Institution, Observation Home, 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……bail application is rejected as meritless,” Board said.
However, it added that anything discussed in order shall be confined to the disposal of this bail application only and shall not have any bearing on the outcome of investigation and subsequent trial.
On 17 February, this year, militants shot at a man working at a popular eatery Krishna Dhaba, in the Dalgate area of Srinagar wounding Aakash Mehra who later succumbed in hospital.