The Court's decision emphasized the severity of the charge, the possibility of witness tampering, and the treatment of the petitioner as an 'Adult' in declining bail.

JUDGMENT

Arvind Singh Sangwan, J. - Prayer in this revision petition is for setting-aside the order dated 30.10.2018 passed by the Principal Magistrate, Juvenile Justice Board, Gurugram (for short 'the Board), dismissing the application for bail filed by the petitioner as well as the order dated 05.11.2018 passed by the Appellate Court/Additional Sessions Judge, Gurugram, dismissing the appeal filed by the petitioner against the order dated 30.10.2018.

2. The case was heard at length through video conferencing. Though, in view of the judgment of the Hon'ble Supreme Court, the Court is not required to pass a detailed judgment deciding a bail application, however, it is necessary to record, consider and discuss the arguments of both the parties.

3. It is also worth noticing that on perusal of orders dated 22.02.2019, 28.02.2019 passed by the Hon'ble Supreme Court in SLP (Criminal) No.10123 of 2018 and dated 04.02.2020, passed in SLP (Criminal) No.41570 of 2018, this revision petition praying for regular bail is to be decided treating the petitioner as an "Adult" (only for the purpose of deciding bail).

4. The petitioner, in the meantime, moved an application i.e. CRM No.8403 of 2020 in the present case, for grant of interim bail to allow him to take practical and theoretical examination of Class 12th (Sr. Secondary Class 12th examination) to be undertaken by the National Institute of Open Schooling and the said application was allowed on 06.03.2020 with certain riders. In the meantime, the Hon'ble Supreme Court in SLP (Criminal) No.2457 of 2020, further directed this Court to dispose of the application at the earliest vide order dated 02.06.2020.

5. Before referring to the arguments of learned Senior counsel appearing for the petitioner, who has assailed the observations of both the Courts below, with one of the ground that the impugned orders have been passed, touching the merits of the case, it would be relevant to reproduce the operative part of the orders passed by the Board as well as the Appellate Court.

6. The operative part of the order dated 30.10.2018 passed by the Board, is reproduced as under:-

"3. Brief facts of the present bail application are that the earlier bail application under Section 12 of the Act filed by applicant was dismissed by Ld. Additional Sessions Judge, Gurugram on the ground that the transfer application preferred by CBI was pending before the Hon'ble Punjab and Haryana High Court, Chandigarh but a liberty was given to the applicant to file bail application subject to the decision of Hon'ble Punjab and Haryana High Court, Chandigarh in aforesaid transfer application. As the present case has been remanded back to Juvenile Justice Board Gurugram, transfer application moved by CBI before the Hon'ble Punjab and Haryana High Court, Chandigarh stands infructuous. It has been mentioned that the applicant has been in custody in the present case for almost one year which was sufficient to entitle, the Juvenile to be admitted to concession of bail. Further, the investigating agency i.e. CBI has been violating the provisions of the Act as the entire investigation has not been completed till date and supplementary final report under Section 173(8) Cr.P.C. is still awaited. The applicant has no criminal background; a student of 11th class and the provisions of Section 12 of the Act entitles the applicant to claim the bail as a matter of right. The three grounds for rejection of bail to juvenile as mentioned in proviso attached to Section 12 (1) of the Act are not made out against the applicant and moreover, the sole fact that two conflicting reports have come on record from two different investigating agencies was sufficient to admit the juvenile to the concession of bail. Lastly, the report of probation officer speaks volume about the act and conduct of applicant being normal and a person with good character which further makes a strong case in favour of juvenile to be admitted to concession of bail. With thes