GURGAON: A fresh bail application filed by the Class XI student, accused of murdering a seven-year-old boy of his school in Gurgaon in September 2017, was dismissed by the sessions court again on Monday. On July 20, the Supreme Court had rejected the bail plea moved by the teenager who cited that the CBI had delayed the chargesheet.
The counsel for the juvenile - Satya Paul Gupta and Vishal Gupta - contended that the applicant had no criminal background. "He has been implicated in the case," said Gupta. The teen moved the sessions court seeking regular bail under section 12 of Juvenile Justice Act. He had earlier filed bail applications seeking "default bail", citing that "the investigating agency had delayed the chargesheet".
The fresh bail plea contented that "there is no possibility of the child falling into the company of known criminals, and there is no physical or psychological danger to his safety". His counsel argued that the bail plea "cannot be opposed on the ground of gravity of the offence, as the juvenile's parents are ready to do reformative act on their part for uplifting their children".
The bail plea also mentioned that the teen's parents "are ready to abide by any condition imposed by the court for granting bail". "The applicant is a student and his education is at stake. Merely because of the registration of the present case against him, he cannot be allowed to suffer," contended the application.
The teen's father expressed concern over his long stay at the correction home. He claimed the juvenile being a young lad, his "prolonged incarceration with hardened criminals is fraught with danger of he becoming a criminal".
The bail plea was opposed by the CBI which cited that the teenager's default bail application was rejected by the HC and the SC earlier. Besides this, the CBI has filed a petition before the Punjab and
Haryana high court seeking transfer of the case from the Gurgaon court to special CBI court in
Panchkula. The hearing on this plea is scheduled for August 17. "A fresh bail plea should not be entertained till the HC decides on the jurisdiction of the case," said CBI.
The CBI in its reply contented that the JJ Act is certainly "meant to treat a child with
care and sensitivity, offering him a chance to reform and settle in mainstream of the society, but the same cannot be allowed to be used as a ploy to dupe the course of justice". This would be treated as an effort to weaken the justice dispensation, and hence cannot be encouraged.
After hearing the arguments of both the sides, additional sessions judge JS Kundu dismissed the bail plea, and observed that till the HC decides the jurisdiction of the case, no fresh apllication will be entertained.
The teen has been lodged in the correction home since his arrest
