AMAN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is second petition filed by Aman Kumar petitioner under Section 439 of the Code of Criminal Procedure for the grant of regular bail in case FIR No. 243 dated 20.9.2005 under Sections 333/363/376 IPC, registered at Police Station Parao (Ambala Cantt). The earlier petition filed by the petitioner was dismissed by this Court on May 29, 2006, while observing as under :-

(2.) I have heard counsel for the petitioner and gone through the contents of the FIR as well as the order dated 13.4.2006, passed by Additional Sessions Judge, Ambala, whereby second application filed by the petitioner has been dismissed. In this case, till date, the other two accused, with whom the petitioner is alleged to have committed rape on minor girl, have not been arrested. Normally, a juvenile is released on bail, but in certain circumstances, where it appears to the Court that such release is likely to bring the juvenile into association with any known criminal or expose him to moral, physical or psychological danger or that his release will defeat the ends of justice, the bail can be declined. In the instant case, there is reasonable apprehension that if the petitioner is released on bail, he will fall in the company of those persons who are known criminals. Dismissed. However, the trial court is directed to expedite the trial.