IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANDEEP PANNU, J.
YXXXX - Petitioner
Versus
Ut chandigarh – Respondent
CRR-539 of 2026 (O&M)
Decided On : 25-03-2026
JUDGMENT :
MANDEEP PANNU, J.
1. The present criminal revision petition has been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, challenging the impugned order dated 07.02.2026 passed by the learned Additional Sessions Judge, Chandigarh in an appeal preferred under Section 101 of the JJ Act, whereby the bail of the child in conflict with law has been declined.
2. It is pertinent to mention that the bail of the petitioner was earlier also declined by the learned Juvenile Justice Board.
3. The present case arises out of FIR No. 128 dated 05.11.2025 registered at Police Station Cyber Crime, Chandigarh on the complaint of Harpreet Singh, who alleged that he was duped in an online hotel booking fraud to the tune of RS. 1,60,900/-. It is alleged that the complainant searched for a hotel online and contacted a given number, pursuant to which he was induced to transfer money on the pretext of booking. Thereafter, under the guise of completing the transaction and on the pretext of OTP verification, further amounts were debited from his account. During investigation, the said mobile number was traced and linked with co-accused Ispak. It was alleged that the SIM cards and other instruments used in the commission of the offence were procured and operated with the involvement of the present child in conflict with law (YCCL). The prosecution case further alleges that the accused persons used multiple SIM cards and digital wallets to receive the cheated amount and thereafter utilized the same for purchasing articles, which were later disposed of. It is also alleged that certain mobile phones and gold articles were recovered, and the child in conflict with law (YCCL) was apprehended on the basis of disclosure statement of co-accused.
4. The learned Juvenile Justice Board, Chandigarh vide order dated 02.02.2026, declined the bail to the child in conflict with law. The Board observed that the allegations against the child in conflict with law (YCCL) pertain to serious offences involving cyber fraud of substantial amount. It further took into consideration the Social Background Report, which indicated parental neglect and influence of peer group as contributing factors. The Board also noted that the child in conflict with law (YCCL) was allegedly involved in another case of similar nature. While relying upon the material collected during investigation, including recovery of mobile phones and gold articles, and the modus operandi adopted, the Board formed an opinion that releasing the child at this stage may bring him into association with known criminals or expose him to moral, physical or psychological danger, and may defeat the ends of justice. Accordingly, the bail application of the child in conflict with law (YCCL) was dismissed.
5. It is further pertinent to mention that instead of filing an appeal against the order passed by the learned Juvenile Justice Board, the Child in Conflict with Law (YCCL) filed a regular bail application before the Court of learned Additional Sessions Judge, Chandigarh. The learned Additional Sessions Judge, Chandigarh, vide order dated 07.02.2026, dismissed the said regular bail application. The Court, after considering the submissions of both sides, observed that the allegations against the child in conflict with law pertain to a well-planned cyber fraud wherein the complainant was induced to share OTP, resulting in unauthorized transactions amounting to RS. 1,60,900/-. It was further observed that merely mentioning of a bailable provision in the notice of accusation would not entitle the child in conflict with law to bail, as the material on record prima facie disclosed commission of offence under Section 318(4) of BNS, which is non-bailable in nature. The learned Court further held that there was no substantial change in circumstances since the dismissal of the earlier bail application and that the child in conflict with law was actively involved in the commission of the
The main legal point established in the judgment is the mandatory nature of bail for juveniles in conflict with the law, the requirement for reasonable grounds to deny bail, and the emphasis on the b....
Bail for juveniles must prioritize their best interests and presumed innocence, with a focus on avoiding harm and reassessing social circumstances.
The gravity of the offense is immaterial in deciding a juvenile's bail application, and bail cannot be rejected in a routine manner. A reasoned order is required when denying bail to a juvenile, and ....
Juveniles in conflict with the law have a right to bail unless specific legal grounds justify denial, which were not met in this case.
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