New Delhi, March 30 A Delhi court has granted interim bail to a Class XII student accused of attempted murder for allegedly stabbing his classmate outside their CBSE examination centre, citing the risk of losing an academic year at this crucial stage of schooling.
Additional Sessions Judge Shreya Arora Mehta granted interim bail to 18-year-old Sufiyan Yusuf on a personal bond of Rs 25,000 with two sureties of like amount.
According to the prosecution, on March 16, Sufiyan and a ‘child in conflict with law’ (CCL) got into an altercation with the complainant, Mohammad Rayyan, after he objected to them bursting crackers inside their senior secondary school in Ajmeri Gate.
The two allegedly threatened to kill Rayyan before leaving the premises.
On March 18, they again encountered the complainant outside a school on DDU Marg, which also served as their CBSE examination centre.
The confrontation escalated, with Sufiyan allegedly holding the complainant while the CCL stabbed him multiple times on the head, forearm, and face.
“The question before this court is whether the necessity of appearing in the last remaining paper of the CBSE Class XII board examination constitutes a sufficiently compelling circumstance to justify the grant of interim bail for a limited period, notwithstanding the serious nature of the charges,” the court said in its order dated March 27, noting that the accused was not a mere bystander but allegedly exhorted the CCL to stab the complainant.
“The right to education is a fundamental right under Article 21-A of the Constitution,” the court observed, noting that the accused had already appeared for five of six papers, with the last scheduled for April 4.
It noted that failure to appear in the last paper would result in the loss of an entire academic year, forcing the accused to reappear in all six subjects next year.
“This constitutes irreparable prejudice to the academic career of a young person who is 18 years of age. The loss of an academic year at this critical juncture cannot be undone even if the applicant is ultimately found not guilty,” the court said.
“Having balanced the gravity of the offence against the compelling circumstance of the applicant’s CBSE board examination, and having interacted with both the complainant and the accused, this court is inclined to grant interim bail to the accused, Sufiyan Yusuf, for a strictly limited period,” the court ordered, granting him interim bail for four days, directing release on March 31 and surrender on April 4.
Addressing the state’s objection on the seriousness of the offence, the court said the Supreme Court has cautioned against treating the nature of the offence as the sole determinant in bail matters.
“Moreover, interim bail for the specific purpose of appearing in an examination does not amount to condonation of the alleged offence; it merely ensures that the constitutional right to education of the applicant is not irretrievably sacrificed during the pendency of investigation,” the court said.
The judge also reflected on the vulnerability of teenagers aged 14-18 to “heightened impulsivity, peer influence, and a still-developing capacity for consequential thinking”, adding that exposure to social media demands a “correspondingly heightened vigilance” of a “different and more attentive quality” from parents, schools, and communities.
The court expressed concern that the initial altercation in Ajmeri Gate appeared to have gone unaddressed by the school administration.
It also held the DDU Marg school accountable for the March 18 incident, saying, “The gate of a school is not a no-man’s land; it is the point of ingress and egress where students congregate daily, and falls squarely within the sphere of responsibility and duty of care of the educational institution.”
It also said the incident was preventable and criticised the school for not taking disciplinary action, ensuring counselling for the two teens involved or informing their parents before the dispute escalated.
“By the time a matter reaches the courts, the damage is already done to the body and mind of the victim, to the future of the accused, and to the trust that every parent places in the institution to which they send their child each morning. No academic result is meaningful if the environment in which it is pursued is one of fear and violence,” the court said.
As part of the bail conditions, the accused must be accompanied by his guardian to the examination centre, proceed directly to the examination hall without loitering and leave immediately after the paper concludes.
He has been directed to remain at his residence at all times except during examination hours.
Considering that both students are classmates appearing at the same examination centre, the court directed the concerned SHO to deploy an officer at the venue to ensure safety and prevent any untoward incident.
The school has been asked to make adequate arrangements, including seating them separately or at a sufficient distance and staggering their entry and exit.