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2020 Supreme(Del) 1526

ANUP JAIRAM BHAMBHANI
CCL 'A' – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates Appeared:
For the Appellant : R.D. Rana and Arvind Sharma, Advs.
For the Respondents: G.M. Farooqui, APP

JUDGMENT :

Anup Jairam Bhambhani, J.

1. The applicant, who is stated to be a juvenile less than 17 years of age at the time of the alleged offence, is an accused in case FIR No. 297/2019 dated 08.06.2019 registered under sections 302/201/34 IPC at PS: Khajuri Khas, Delhi. The applicant seeks release on bail from the Observation Home where he is housed since 09.06.2019 i.e., for about 1 year and 3 months.

2. Mr. R.D. Rana, learned counsel for the applicant submits that the essence of the allegation in the FIR, which has since culminated in the filing of a charge-sheet before the Principal Magistrate, Juvenile Justice Board, New Delhi, is that the applicant/child in conflict with law ('CCL-A', for short), alongwith another juvenile and two adult co-accused, caused the death of one Naeem Ansari. The death is alleged to have been caused by the use of knives. The essential role imputed to CCL-A is that he was present at the spot, where the other juvenile alongwith one of the co-accused, made a cellphone-call to the victim calling him to the spot on the pretext of smoking hookah, where the victim was subsequently done to death by the other co-accused.

3. Mr. Rana submits that according to th

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