VISHNU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner, who is a child in conflict with law, has filed the instant petition through his father, challenging the orders dated 15.01.2021, Annexure P-2, whereby application for grant of bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short "the Act") has been declined by the Principal Magistrate, Juvenile Justice Board, Rohtak and order dated 02.02.2021 passed by learned Additional Sessions Judge, Rohtak whereby appeal filed against the said order has been dismissed.

(2.) Facts, in brief, are that on the basis of a complaint by Rajender, FIR No.214 dated 28.05.2020 was registered under Section 201, 302, 34 of the Indian Penal Code and Section 3 (2) (vi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "SC and ST Act") on the allegation that Amit alias Neetu and the present petitioner have murdered his son Sombir. During investigation, the petitioner and the co-accused were apprehended on 28.05.2020 and they admitted their involvement in the homicide in their disclosure statement.

(3.) Counsel for the petitioner has referred to the challan and submitted that the date of birth of the petitioner as per the school leaving certificate is 27.09.2014 and being a child in conflict with law, he is entitled to be released on bail under Section 12 of the Act. He submits that there are no allegations qua the petitioner of having committed any offence under the SC and ST Act. According to him, the accusation against the petitioner is that he caught hold of the deceased and inflicted injury on him with a wooden stick. He has relied upon a judgment passed by this Court in CRR-53-2021 titled as Vishvas vs. State of Punjab, decided on 08.02.2021 to contend that as the Courts below have not adverted to the Social Investigation Report, the impugned orders cannot be sustained.