Explicit video case: SC refuses to interfere with HC order denying bail to Uttarakhand juvenile boy

New Delhi: The Supreme Court has refused to interfere with an order of the Uttarakhand High Court which had denied bail to a minor boy, accused of making and circulating an explicit video of a 14-year-old girl who allegedly committed suicide last year.

A vacation bench of Justices Bela M Trivedi and Pankaj Mithal dismissed the petition filed by the minor, through his mother, challenging the high court order of April 1.

The boy is accused in a case lodged at Haridwar district under the provisions of the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012.

"Having heard senior counsel for the petitioner at length and after carefully perusing the material placed on record, we are not inclined to interfere with the impugned order passed by the high court at this stage. The special leave petitions are, accordingly, dismissed," the apex court said in its order passed on May 20.

The minor had moved the high court challenging the orders, including the one passed by the Juvenile Justice Board (JJB), rejecting his application for bail in the case.

The high court had in its order noted that the girl was found missing from her house from October 22 last year and subsequently, her body was recovered. It had also noted that the juvenile was accused of making an explicit video of the deceased, who was her classmate, and circulating it among students. The girl could not bear it and committed suicide, it noted.

"The revisionist is a CIL (child in conflict with law). To such CIL, every offence is bailable, and such CIL is entitled to bail irrespective of the offence being classified as bailable or non-bailable," the high court had said.

"But, it is subject to a rider, as given in sub-section 1 of section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Bail may be denied if there appears reasonable grounds for believing that his release would likely to bring the CIL into association to any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice," it had said.

It had said that in such matters, the "social investigation report" has great bearing and according to the social investigation report, the minor was involved in indiscipline in the school.

"Having considered the social investigation report, the medical examination report, the report from the school, this court is of the view that the best interest of the child would be served if he is not granted bail. If he is released on bail, it would definitely defeat the ends of justice," the high court had said.