DEV TEWATIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard through video conferencing.

(2.) The petitioner has challenged the order passed by the Sessions Judge, Faridabad dated 20.10.2020 and the order passed by the Juvenile Justice Board dated 15.11.2019 whereby the application of the petitioner for his release on bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'the Act') has been rejected.

(3.) Learned counsel for the petitioner contends that the petitioner is an accused in FIR No.679 dated 30.09.2019 under Section 302, 120-B, 201, 34 IPC and Sections 25/54/59 of the Arms Act, registered at Police Station Sector 7, Faridabad. The petitioner is not named in the FIR. The case of the prosecution is that co-accused Deepak had fired shots at the deceased-Sharwan. The petitioner has been arraigned as an accused on the statement of co-accused Puneet and Ajay @ Monu that the petitioner was sitting on the motorcycle outside the place of occurrence. The petitioner is in custody since 13.11.2019 and no recovery has been effected from him. He further contends that the Courts below have erroneously rejected the petition although in terms of Section 12 of the Act, the petitioner has to be released on bail on satisfaction of the three conditions stipulated therein. In support of his submissions, he has cited the judgments of the Coordinate Benches of this Court in the cases of Vicky Vs. State of UT, Chandigarh, CRM-M-21388-2020 , decided on 31.08.2020, Vishnu versus State of Haryana in CRR No.233 of 2021, decided on 02.06.2021 and Vishvas versus State of Punjab in CRR No.53 of 2021, decided on 08.02.2021. He also contends that after his arrest in the instant case, the petitioner has been involved in another case on the disclosure statement of co-accused.