VIKAS AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners question the order dated 6.10.2014 by which their prayer for bail was declined by the Principal Magistrate, Juvenile Justice Board, Gurgaon by observing that there is likelihood of the petitioners coming in association with bad elements.

(2.) SUCH considerations even though mandated by the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the Act) necessarily have to be established by giving cogent reasons upon material suggestive of such apprehensions.

(3.) THIS material, however, was never put forward before the Principal Magistrate, Juvenile Justice Board at the time when the prayer for bail was opposed by the State. It would be a moot question as to whether such material now being brought to the notice of the Court would have any significance if the Principal Magistrate, Juvenile Justice Board was deprived of the same in the first instance.