Trial Has A Long Way To Go Before Completion: Delhi HC Grants Bail To ‘Child In Conflict With Law’ In Murder Case
The Delhi High Court has granted bail to the ‘child in conflict with law’ (CCL) who has been accused of murder.
The bench of Justice Anish Dayal observed that the trial is likely to take time and that it would not be prudent to keep him behind bars for an indefinite period.
“…the trial in the matter is likely to take some time and it would not be prudent to keep the petitioner behind bars for an indefinite period, this Court finds it to be a fit case for grant of bail to the petitioner.”, the Court held.
The Court also noted that the overall institutional conduct of the CCL has been observed as good during the stay at child home.
As per the case of the prosecution, an information was received noting that there was a body found on Vivek Vihar Railway Station. The investigation team went to the spot and found a male body cut in two pieces with blood lying and the crime team also came and collected exhibits from the spot.
Accused Deepu Kumar was arrested aged 22 years who disclosed that about 2-3 months back he alongwith three persons including the CCL assaulted the deceased, took away his purse, watch and bag with them and put the body on the railway track to show it as an accident.
The matter regarding CCL was transferred to the District & Sessions Judge, Tis Hazari Court to try the case as an adult.
Thereupon, the trial proceeded and the petitioner was in custody, however, being retained and detained in a child home.
Advocate Prashant Kumar Mittal appeared for the Petitioner whereas N.S. Bajwa, APP, appeared for the State.
The counsel for the petitioner contended that the petitioner was only about 16 years at the time of the alleged incident and is now aged about 20 years having old age parents. His father is a handicapped person and lives a life in penury.
The Court observed that the petitioner-CCL has completed plumbing course and has also completed English course classes, attended non-formal education classes, as also participated in hair-cutting classes and has also attended sessions conducted by Yuva Ekta Foundation.
The Court further noted that there has been substantial propers on the rehabilitative and reformative process as regards the petitioner.
Thus the Court granted bail to the petitioner while imposing certain conditions.
Cause Title- CCL S v. State