SAGAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Having been declined the concession of bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for brevity "the Act") vide impugned order dated 18.11.2019 passed by the Principal Magistrate Juvenile Justice Board, Sonipat and order dated 31.01.2020 passed by the Additional District Judge, Sonipat whereby appeal filed by the petitioner was dismissed, the petitioner has approached this Court by way of the instant revision petition assailing the said orders.

(2.) In a nutshell, the facts are that FIR No.78 dated 20.02.2019 was lodged on the statement of Dharamvir son of Zile Singh. It was alleged that about 15 days back his son Sagar was having a dispute with XXX (name withheld), child in conflict with law, in which the matter was compromised but XXX still had a grudge against his son and threatened him. On 20.02.2019, it is alleged that the complainant, his nephew and son Sagar were going from Rathdhana from Sonipat on their motorcycle. At about 1:00 p.m. when they reached near the quarters of Bandepur Irrigation Department, XXX and another boy were standing and both of them forcibly stopped Sagar. They attacked Sagar with a knife with an intention to kill him and after attacking him, they ran away even though the complainant tried to catch them. The petitioner was arrested on 20.02.2019 and he is in custody since then.

(3.) Counsel for the petitioner has urged that the date of birth of the petitioner is 16.10.2001 and he was a child in conflict with law on the date of the alleged incident. He has to be tried under the provisions of the Act and in terms of Section 12 of the Act, he is entitled to be released on bail as a matter of right. His contention is that there is no direct evidence against the petitioner and the petitioner is not even remotely connected with the crime. He has argued that the courts below have failed to record any finding as required under Section 12, ibid.