A juvenile arrested in connection with the April 13 industrial workers' agitation in Noida walked free on June 18, nearly three weeks after securing bail on May 29 because his family could not immediately arrange Rs 1.5 lakh in bond requirements. The bond comprised a personal bond of Rs 50,000 and two sureties of the same amount.
The minor had spent nearly two months lodged in Kasna jail alongside adult prisoners before a court-ordered ossification test confirmed he was 16 years old. He was transferred to a juvenile facility on June 12 and completed bail formalities six days later.
Allegations of Police Misconduct
Advocate Manik Gupta, representing the juvenile, told TOI that the boy was picked up by police after being called outside his home on April 14 to receive a parcel. “When he stepped out, the team took him into custody. He was then taken to two locations and assaulted by policemen. He was charged with violence and rioting. Cops also falsely registered his age as 25 years despite being provided with his Aadhaar card that stated he was 16,” Gupta said.
Legal Proceedings and Bail Conditions
A local court on May 29 granted bail, considering him an adult in an FIR registered at Phase-II police station under BNS sections 109(1) (attempt to murder), 190 (unlawful assembly), 191(1), (2), (3) (rioting with deadly weapons), 121(2) (grievous hurt to a public servant), 132 (assaulting a public servant), 133 (assault with intent to dishonour), 125 (acts endangering life), 127(2) (wrongful confinement), 115(2) (voluntarily causing hurt), 352 (intentional insult to provoke), 351(3) (criminal intimidation), 61(2) (criminal conspiracy), 324(4)(5)(6) (mischief causing minor to major damage and harm), 326(1) (mischief by fire/explosives to destroy), (G) (mischief to public infrastructure). It also added sections under the Prevention of Damage to Public Property Act and Criminal Law Amendment Act.
After a court-ordered ossification test report on June 6 confirmed the accused’s age as 16 years, Gupta approached the Juvenile Justice Board with the bail order but was told the juvenile was facing charges in two more FIRs on similar charges.
Delays in Modification of Bail Conditions
“According to the Juvenile Justice Act and a Supreme Court judgement, if a juvenile has been granted bail but cannot be released due to bail conditions, then those conditions must be modified to allow him to be released, but in this case, this was done with much delay,” he said.
Gupta has appealed to the court to reduce the bail amount as he was a juvenile.
