AXXX (JUVENILE) Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been filed by Axxx (name withheld), child in conflict with law, challenging the order dated 20.04.2020 passed by the Principal Magistrate, Juvenile Justice Board, Gurugram, whereby his application for grant of bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for brevity "the Act") was declined and order dated 21.05.2020 passed by the Additional Sessions Judge, Gurugam whereby his prayer met the same fate.

(2.) As per the version of the prosecution, a complaint was received from Hari Om, son of Gulab Singh to the effect that on 27.09.2019, his cousin Sanjiv was kidnapped by Johny and Mony, who were accompanying other boys, in a car and two motorcycles. It was alleged that there was some previous enmity between the said two boys and Sanjiv. Initially, FIR was registered under Section 365 read with Section 34 IPC. Subsequently, on the recovery of dead body of Sanjiv, FIR No.588 dated 29.09.2019 was converted into FIR under Sections 148/149/302/364/120-B of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959, which was registered at Police Station Sector 10, Gurugram. On the statement made by the co-accused, the petitioner was arrested on 20.11.2019.

(3.) Counsel appearing for the petitioner has submitted that the date of birth of the petitioner is 20.02.2002 and he was declared a juvenile, vide order dated 21.01.2020. His argument is that the petitioner was not involved in the offence and no role has been ascribed to him in the FIR. Mere recovery of the motorcyle at his instance does not make him an accomplice to the homicide. Counsel has argued that the petitioner was a student of Senior Secondary and his studies were disrupted as a result of his alleged involvement, which is the sole criminal case against him. He further submitted that though the challan was presented on 17.04.2020 but there are 35 prosecution witnesses and their evidence is yet to be recorded.