VIKAS YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has approached this Court challenging the order dated 28.1.2008 passed by the learned Additional Sessions Judge, Gurgaon whereby the appeal filed by the petitioner against rejection of his application for release on bail by the Principal Magistrate, Juvenile Justice Board/Chief Judicial Magistrate, Gurgaon, was dismissed.

(2.) THE petitioner, who is a juvenile, is an accused in FIR No. 270 dated 11.12.2007 registered under Sections 302/34 IPC and 25/54/59 of Arms Act at Police Station, Sector 40, Gurgaon. He is a student of Class - 8 in Euro International School, Gurgaon. The allegations against the petitioner is that in a fight, Akash and the petitioner shot dead Abhishek son of Ravinder, their class mate with the use of revolver in the school premises. The application for bail filed by the petitioner was rejected by the Principal Magistrate, Juvenile Justice Board/Chief Judicial Magistrate, Gurgaon on 18.1.2008. In appeal against the order, the petitioner failed even before the Additional Sessions Judge, Gurgaon.

(3.) HON 'ble the Supreme Court in Gopinath Ghosh's case (supra), considering the prayer for bail by a juvenile, who was an accused for offence committed under Section 302 IPC opined as under :-