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Murder of two cops: HC grants bail to minor girl
The high court bench of justice Deepak Gupta granted the bail observing that even though murder is a heinous crime, Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 contains a mandate to release a child on bail, when he or she is apprehended or detained in connection with an offence
: The Punjab and Haryana high court has granted bail to a minor girl from Sonepat, an accused in the murder case of two cops on June 30, 2020 under Barauda police station.
As per the case, the minor along with her sister had gone to meet one Amit in Karnal. Two cops found them in a vehicle along with three others on intervening night of June 29 and June 30, 2020 and an altercation ensued over some issue, resulting in a fight between cops and Amit.
The next day, cops were found dead. Main accused Amit too died later. Subsequently, the girl had also levelled allegations of rape in custody against the cops.
The high court bench of justice Deepak Gupta granted the bail observing that even though murder is a heinous crime, Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 contains a mandate to release a child on bail, when he or she is apprehended or detained in connection with an offence.
“It is a special provision, which stands to the exclusion of Code of Criminal Procedure. ..Even after a juvenile is to be tried as an adult, still his bail is to be considered under the parameters provided under Section 12 of the Act,” the bench said granting bail to the girl, who is now 18.
The court also observed that it was a matter of trial whether in this case the girl and her cousin knew the police officials, who could expose them in the village, so, on their asking, Amit killed the two police officials. It also observed that whether the two cops were acting as moral police.
The allegations from girl’s side that the two police officials were demanding money from Amit, started molested the two girls and asked Amit to send the two girls to the police station for night and it is in order to avoid further molesting that in a fit of rage, he killed both of them. It is a matter of trial, it further recorded.
“The declining of bail by the courts below to the petitioner ….is not justified by observing that parents of the petitioner do not have control over her as she was out of home at odd hours. This in itself cannot be a reason to conclude that her release was likely to expose her moral or physical danger,” the bench said, adding that her role in the alleged crime was to be examined first before reaching a conclusion.
