(1.) Both these petitions have been filed under Section 439 Code of Criminal Procedure for grant of regular bail to the petitioners in case FIR No.250 dated 08.09.2017 registered for the offences punishable under Sections 302 Indian Penal Code, 25 of Arms Act, 75 Juvenile Justice (Care and Protection of Children) Act, 2015 (for short-J.J.Act) and Section 12 of Protection of Children from Sexual Offences (POCSO) Act, 2012 (added later on) at Police Station Bhondsi.
(2.) Pradyumn Thakur aged 7 years was student of second class in Ryan International School, Bhondsi. He along with his sister Vidhi was left at school by their father (complainant) at 8.00 A.M. on 08.09.2017. At 8.10 A.M., he received a phone call of his wife, who asked the complainant to immediately call Anju Dudeja madam. When he contacted Anju Dudeja madam, she told him that his son had a cut on the neck and is profusely bleeding and was being taken to Badshahpur hospital, she asked him to reach there. Complainant along with his wife left for Badshahpur Hospital but on the way, he received a call from Anju Madam that they were taking the child to Artemis Hospital. When complainant reached there, the boy was in emergency ward and he found that there was a cut on the right side of neck upto the ear. The doctor informed the complainant that Pradyumn had died. On receipt of information, police recorded FIR No.250 dated 08.09.2017 at Police Station Bhondsi (Gurugram) and arrested Ashok Kumar son of Ami Chand on the same day. Petitioners Francis Thomas and Jayesh Thomas were arrested on 11.09.2017.
(3.) Vide State notification dated 17.09.2017 and notification issued by Ministry of Personnel, Public Grievances and Pension (Department of Personnel and Training), New Delhi dated 22.09.2017, investigation of the case was transferred to Central Bureau of Investigation (CBI), which re-registered the aforesaid FIR as case bearing No.RC 8(S)/2017/SCIII/ New Delhi on 22.09.2017, which is reproduction of the FIR recorded by Police Station Bhondsi.