Fxxxx (Minor) Thr His Mother v. State of Haryana

IN FXXXX

State of H

Date of d Date of U CORAM Present:

SUMEET

¶1to as 'CC dated 07. Board, Y Justice Bo Judge, Ya behalf of

¶2complaina had gone Subseque injuries n present p attacked Y THE HIGH COURT OF PUN CHANDIG

V/s Haryana

decision: 07.07.2026 Uploading : 08.07.2026 M: HON'BLE MR. JUSTICE Mr. Namit Khurana, Advoca Mr. Gurmeet Singh, AAG Ha ***** T GOEL, J. (Oral) The petitioner, child-in-conf CL') has filed the present revis

05.2026 passed by learned Prin Yamuna Nagar at Jagadhri (he oard') and the order dated 25.05 amuna Nagar. By way of imp the CCL for grant of bail has bee As per the allegations, th ant Mamta Kumari, who alleged e to Hamida along with hi ntly, she had received inform near Billa Juice Shop, Hamida. I petitioner and co-accused Sam Yaman and inflicted injuries u

NJAB AND HARYANA AT ARH

CRR-1545-2026

....Petitioner

....Respondent SUMEET GOEL ate for the petitioner. aryana. flict-with-law (hereinafter referr sion petition challenging the ord ncipal Magistrate, Juvenile Just ereinafter referred to as 'Juven

5.2026 passed by learned Sessio pugned orders the prayer made en dismissed. he FIR has been lodged by d that her step-son namely Yam s friend Naitik on 28.11.20 mation that Yaman had sustain It has been further alleged that meer, owing to previous enmi upon him with an intention to k

red der tice nile ons on man

¶25ned ity,

him. On t The petiti

02.03.202

¶3impugned appellate to a child and Prote that the p effected f stands co factual m Social Inv parental s that there him to an submitted is likely t cannot be regarding Learned c solely on in the cas these set of allegations, the FIR ioner, being a juvenile, was app

¶26Learned counsel for the d orders passed by the Juveni Court are contrary to the settled in conflict with law under Secti ction of Children) Act, 2015. L petitioner has been falsely imp from him. According to learned ompleted and, therefore, further milieu of the case in hand. It ha vestigation Report does not cont r and reflects that he belongs supervision and support are avail e is no material on record to r would bring him into associatio ny moral, physical or psycholo d that the petitioner is in custody o take considerable time. Furthe e a ground to deny bail to a juve any of the exceptions contemp counsel also contends that the c the ground of gravity of the offe se of a juvenile. According to th

in question came to be register prehended and is in custody sin petitioner has iterated that ile Justice Board as well as d principles governing grant of b ion 12 of the Juvenile Justice (C Learned counsel has further itera licated and no recovery has be d counsel, the investigation alrea r detention is not required in as been further contended that tain any adverse remark against to a family environment wh lable. It has been further contend indicate that the release of on with known criminals or expo ogical danger. It has been furth y since 02.03.2026 and the inqu ermore, mere gravity of allegatio enile in the absence of satisfacti plated under Section 12 of the A ourts below have declined the b ence which is impermissible in l he learned counsel, both the Cou

red. nce bail are ted een ady ere ded ose her uiry ons Act. bail law

below hav perspectiv considerin upon the s Protection have been On the st aside the i

¶4instant pe are seriou along with face of th collected and show further co the circum relied upo found to b of the alle would not for the dis

¶5available ve not appreciated the Social Inf ve and passed the impugned o ng the settled principles of law statutory provisions of Section 1 n of Children) Act, 2015, has a n released on regular bail in the f trength of these submissions, a impugned orders and for grantin Per contra, learned State c etition by arguing that the allega us in nature. Learned State coun h his co-accused, allegedly inflic he victim. It has been further c during the course of investigatio ws the participation of the petitio ontended that the manner in whi mstances surrounding the incid r may defeat the ends of justice on the Social Investigation Repo be in the company of delinquen egations and the prima facie evid t be in the interest of justice. Ac smissal of the instant petition. I have heard counsel for the records of the case.

formation Report (SIR) in the rig orders in a hasty manner witho w. Learned counsel, while relyi 12 of the Juvenile Justice (Care a argued that the petitioner ought facts and circumstances of the ca prayer has been made for setti ng bail to the petitioner–juvenile. counsel has opposed the grant ations raised against the petition nsel has iterated that the petition cted cutter injuries on the neck a contended that the CCTV foota on supports the prosecution versi oner in the occurrence. It has be ich the offence was committed a dent show that the release of e. Learned State counsel has a ort to submit that the petitioner w nt peers. In light of the seriousn dence, the grant of bail at this sta ccordingly, a prayer has been ma parties and have gone through

ght out ing t to ase. ing

of ner ner, age een also was ess age

¶6passed in

30.01.202 It would be apposite to refer CRR-2876-2023 titled as Jatin 24; relevant whereof reads as und "10. As an epilogue to above emerge are as follows:

(I) Ordinarily, a CCL will be Juvenile Justice (Care and Pro wherein:

(i) There appears to be reaso to bring the CCL into association

(ii) There appears to be reaso may expose him/her to moral/phys

(iii) Such release would defeat

For a Board to hold that a exceptions, the Board is required and mere apprehension would not

(II) The gravity/seriousness o reason for rejection of bail of a C would defeat the "ends of justice.

For instance; wherein a gruesome murder or a barbaric national activity(s); the Board m since release would defeat the " illustrative in nature as it neithe enumerate all such situations and by the Board in its own facts/circu

(III) The Board while consider and look into the SIR (Social Inv Section 8 of 2015 Act as also the hand such as status of the family around the ordinary residence of CCL as also his family members e nature as it is neither possible n such like factors.

(IV) The Board, in case of rej exceptions contained in proviso to

herein to a judgment of this Co n vs. State of Haryana, decided der:- e discussion the principles of law t e entitled to bail under Section 12 of otection of Children) Act, 2015 exc onable grounds that such release is lik with any known criminal; or onable grounds that release of such C sical/psychological danger; or t the ends of justice. a given case falls under above-said th to rely upon tangible material to so h t suffice to decline bail. of an offence shall by itself not be CCL unless it is shown that such rele " a CCL is alleged to be involved in sexual assault or serious terrorist/a ay be justified in declining such rele "ends of justice". These situations r desirable nor possible to exhaustiv d each case is required to be conside umstances. ring a plea for bail by CCL, shall obt vestigation Report) obtained in terms e attending circumstances of the case y members of the CCL, the atmosph f the CCL, educational background of etc. These factors are only illustrative nor desirable to exhaustively enumer ejection of bail of CCL on the basis o Section 12(1) of the 2015 Act, is bou

ourt on that The cept kely CCL hree hold e a ease n a anti-ease are vely ered tain s of e in here f the e in rate s of

¶7law. As p the allege incident, and was b therefore, 12 of the provision bail notw be denied the child expose hi would def that the allegation gravity of bail to a j exception Social Inv family ba to accord reasons and briefly give rejections.

(V) An earnest effort ought to decision of a plea for bail made o an inordinate delay in obtaining t a CCL deserves to be dealt with ex It is not in dispute that the p er the material placed on record, ed occurrence took place on 28. the petitioner was aged about 1 below 18 years of age. The petit his claim for bail is required to Juvenile Justice (Care and Prote creates a statutory presumption ithstanding the nature of the off d only if there exist reasonable gr is likely to bring him into assoc im to moral, physical or psycho feat the ends of justice. A perus Courts below have been influ ns and the nature of injuries s f accusation by itself cannot con uvenile unless the case is shown ns contemplated under Section vestigation Report placed on rec ackground or circumstance whi

e the circumstances that have led to s o be made by the Board in expediti on behalf of CCL and there should not the SIR etc. since the matter pertaining xercising sensitivity, care and caution petitioner is a child in conflict w , his date of birth is 20.12.2010 a .11.2025. Thus, on the date of 14 years, 11 months and 08 da tioner is admittedly a juvenile an be examined in the light of Secti ection of Children) Act, 2015. T n in favour of release of a child fence alleged against him. Bail c rounds for believing that release ciation with any known criminal ological danger or that his relea sal of the impugned orders refle uenced by the seriousness of suffered by the victim. Howev nstitute a valid ground for denyi n to fall within one of the statuto 12 of the Act. Furthermore, cord does not disclose any adve ich suggests that the petitioner,

uch ious t be g to n." with ays, nd, The on can e of l or ase ects ver, ing ory erse , if

released, the repor supervisio expose h Investigat parents al games & As per the peer grou group of subjected the CCL h the State demonstra The appre are not su completed the culmi there is n likelihood him bein learned J Yamuna N the groun is likely to come into associati rt shows that the petitioner h on. There is nothing in the repor him to moral, physical or ps tion Report further reflects tha longwith his siblings. The habit is shown to harbour normal atti e SIR, the reason for involvemen up influence. The CCL has not adult or has been used for drug to any form of abuse; CCL is n has never been involved in any e has also not been able to ating that release of the petitione ehensions expressed by the pro upported by any concrete materi r has remained in custody since d and no further recovery is stat ination of the trial/enquiry will no tangible material available o d of the CCL coming into assoc ng exposed to any moral/phys JJB, Yamuna Nagar at Jagadhr Nagar appear to have rejected t nd that the allegations are seriou

ion with known criminals. Rath has family support and paren rt suggesting that his release wou sychological danger. The Soc at the CCL was residing with of CCL is playing indoor/outdo itude towards his family membe nt of CCL in the alleged offence been used by any gang or adult g peddling; the CCL has not be not a victim of any offence & t kind of illegal activity. Moreov point out any specific mater er would defeat the ends of justi secution are general in nature a ial. It is also not disputed that e 02.03.2026. Investigation stan ted to be effected from him. Th take its own time. Furthermo on record to indicate that there ciation with any known criminal sical/psychological danger. T ri as well as the Sessions Jud the bail of the CCL in question us in nature and if released on b

her, ntal uld cial his oor ers. e is t or een hat ver, rial ice. nds hus, ore, e is l or The dge, on ail,

he may b these find without a Social In things esp The mere does not m ends of ju custody f well bein affect his be rendere may lead final adju opinion,

¶8impugned CCL is or bonds etc

shall be a by him/he

¶9which ma be exposed to moral, physical o dings appear to have been rec any material/basis on record. O formation Report reflects that pecially the overall interest of th nature of the offence alleged to make it a case calling for rejecti ustice. Moreover, the CCL-petiti for a prolonged period is detrim ng of the petitioner. Moreover, moral character; jeopardize his ed jobless forever. Furthermore, to an unjust deprivation of the udication of guilt. This Court that in the facts and circums r-CCL deserves to be enlarged on Accordingly the present r d orders dated 07.05.2026 and 25 rdered to be released on bail on . to the satisfaction of concerned It is further directed that suc t liberty to impose such further c er while releasing the petitioner-C In case of breach of any of ay be imposed by concerned

or psychological danger. Howev corded on mere apprehension a On the contrary, a perusal of it would be in the fitness of he CCL that he is released on b o have been committed by the CC ion of the bail so as to preserve ioner is of tender age and being mental to the mental and emotio the continued incarceration m s career prospects and he may a denying bail to the CCL-petition e CCL-petitioner's liberty witho is accordingly of the consider stances of the case in hand, n bail. revision petition is allowed a

5.05.2026 are set-aside. Petition his furnishing requisite bail/sur d CJM/Duty Magistrate.

ch concerned CJM/Duty Magistr condition(s) as deemed appropri CCL on bail. the aforesaid conditions and tho CJM/Duty Magistrate as direc

ver, ail. CL g in nal may also ner out red ner-ety rate iate ose

hereinabo State/com

¶10of opinion

¶11applicatio

July 07, 2 Ajay

ove or upon showing any mplainant shall be at liberty to r. Nothing said hereinabove sh n on the merits of the case. Since the main case has bee on, if any, shall also stands dispo

2026

y other sufficient cause, move cancellation of bail of hall be construed as an expressi en decided, pending miscellaneo sed off. (SUMEET GOEL)

JUDGE