Ryan School Murder Case: Gurugram Court Dismisses Bail Plea Of Student Accused

A District and Sessions Court in Gurugram on Monday dismissed the bail plea filed by then 11th standard student, a juvenile in conflict with law and a prime accused in the 2017 Ryan School Murder Case.

Additional Sessions Judge Amit Sahrawat while denying the bail plea observed that the present application for bail was not maintainable in view of the Supreme Court order dated 19th November 2018 wherein the Court directed to maintain status quo in the matter as far as the question of considering the applicant as a juvenile or adult for the purpose of trial was considered.

"In such circumstances, this application for bail is not maintainable in any case before this court. If the applicant is considered a juvenile, then such bail application should be moved before the Juvenile Justice Board, Gurugram. On the other side, if the applicant is considered as an adult, then such bail application should be moved before the Special Sessions Court at Panchkula designated in the State of Haryana for the cases investigated by CBI as the instant case has also been investigated by CBI. Hence, in both the eventualities, the instant application for bail may not be maintainable before this court." The Court said.

The Court also went ahead to observe that once the earlier bail applications were rejected up to the Supreme Court, another bail application may not be moved by the applicant and therefore cannot be considered by the Court in a routine manner.

On 8th September 2017, Prince (fictitious name given by the Supreme Court to protect identity of minor) a 2nd class student in Ryan International School was taken to Hospital due to profuse bleeding and had received a cut on his neck. Later, on his father's arrival at the hospital, Prince was found in the emergency ward wherein he died due to injuries caused on his neck.

Initially, the school bus conductor was apprehended for slitting the throat of the 7-year-old. However later, when the matter was transferred to the Crime Branch, the present accused Bholu (fictitious name given by the Supreme Court to protect identity of minor) an 11th standard student was arrested under suspicion of murder. He has been in custody since November 7, 2017.

Earlier chain of events

• 20th December 2017: Juvenile Justice Board makes a preliminary assessment and observes that the juvenile in conflict with law be tried as an adult.

• 30th October 2018: First bail application moved under sec. 12 of the Act dismissed by Board.

• 5th November 2018: Bail application dismissed by Sessions Court.

• 19th November 2018: Supreme Court directs to maintain status quo in the matter and notice was directed to be issued to the opposite party.

• 21st May 2019: Appeal against the order of Juvenile Justice Board dismissed by Sessions Court.

• 30th June 2020: Punjab and Haryana High Court dismisses bail application in view of the Supreme Court order.

• 2nd September 2020: Supreme Court dismisses bail application. A review petition is still pending against it in the Supreme Court.

According to Advocate Sandeep Aneja, counsel appearing on behalf of applicant/ juvenile in conflict with law, it was argued that the applicant was in custody since 7th November 2017 without any reason or there being any incriminating evidence in the chargesheet against him filed by the CBI. Moreover, it was also submitted that the State Government vide order dated 19th February 2021 failed declined to take sanction for prosecuting 4 police officials which shows the the genuineness of the investigation earlier made by the state police when one of the another person had been booked as an accused in this matter.

Noting that the applicant failed to show any subsequent events or change in circumstances which allegedly took place after dismissal of his bail applications, the Court observed that mere decline of sanction of four state police officials by the Government "is no ground to seek bail from the Court" as such a decline is "merely an administrative action" of the Government which cannot be considered as a falsification of the entire CBI case.

"As an inference of the above discussion, this court is having a view that the instant bail application is neither maintainable before this court, nor any other ground has been made out to consider such request of granting bail. Even the inquiry, whether the applicant should be treated by Juvenile Justice Board as juvenile, or whether he should be tried as an adult, has still not been concluded and the same is stayed under the orders passed by the Hon'ble Supreme court dated 19.11.2018 in SLP No.10123 of 2018. In such circumstances, the application for bail filed by the applicant is hereby dismissed." The order reads.

Advocate Sushil K. Tekriwal, appearing on behalf of the complainant on the other hand submitted that the applicant was habitual of filing bail applications on one ground or the other which have been dismissed by various courts and different occasions. It was also urged that once the inquiry is pending before the Juvenile Justice Board, such an application may not be maintainable before the children court. It was further argued that even there is no such change in circumstances and subsequent applications for bail may not be considered without such change in circumstances.

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