CCL A Vs. STATE

JUDGEMENT

(1.) The applicant, who is stated to be a juvenile less than 17 years of age at the time of the alleged offence, is an accused in case FIR No. 297/2019 dated 08.06.2019 registered under sections 302/201/34 IPC at PS : Khajuri Khas, Delhi. The applicant seeks release on bail from the Observation Home where he is housed since 09.06.2019 i.e. for about 1 year and 3 months.

(2.) Mr. R.D. Rana, learned counsel for the applicant submits that the essence of the allegation in the FIR, which has since culminated in the filing of a charge-sheet before the Principal Magistrate, Juvenile Justice Board, New Delhi, is that the applicant/child in conflict with law ('CCL-A', for short), alongwith another juvenile and two adult co-accused, caused the death of one Naeem Ansari. The death is alleged to have been caused by the use of knives. The essential role imputed to CCL-A is that he was present at the spot, where the other juvenile alongwith one of the co-accused, made a cellphone-call to the victim calling him to the spot on the pretext of smoking hookah, where the victim was subsequently done to death by the other coaccused.

(3.) Mr. Rana submits that according to the prosecution, the genesis of the incident was certain objectionable photos/videos of the sister of the other juvenile, which are alleged to have been in the possession of the deceased; and it was to get these photos/videos deleted that the deceased was called to a certain place; and upon the deceased refusing to delete them, the allegation goes, one of the adult co-accused sprinkled chilli powder in his eyes while the other adult co-accused held the hands of the deceased from behind, whereupon the two adult co-accused and the other juvenile attacked the deceased with knives one-by-one.