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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU ……

Reserved on: 23.10.2026 Pronounced on: 29. 10.2026 Uploaded on: 30. .10.2026 Whether the operative part or full judgment is pronounced: Full Suheel Javaid Lone …….Appellant(s)

Mr. Jahangir Ahmed Wani Advocate Mr. Aditya Pandita Advocate.

Versus National Investigation Agency, Jammu ……Respondent(s)

Mr. Vishal Sharma DSGI with Mr. Karan Sharma CGSC Mr. Chandan Kumar Singh PP, NIA Mr. Ashwani Verma PP NIA CORAM:

HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON’BLE MR JUSTICE M. A CHOWDHARY, JUDGE

JUDGEMENT

Sanjeev Kumar J

1. This appeal, under Section 21 of the National Investigation Agency Act, 2008 (for short, “the NIA Act”), read with Sections 101 and 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, “the JJ Act”), has been filed by the petitioner, a child in conflict with law, seeking quashment of order dated 17.11.2025 passed by the learned Presiding Officer, Fast Track Court, Jammu [Designated Children Court] (hereinafter referred to as “the trial Court”), whereby his application for grant of bail has been rejected. The petitioner seeks his release on bail under Section 12 of the JJ Act in connection with FIR No. 45/2020, re-registered by the National Investigation Agency, Jammu, as RC-02/2020/NIA/Jammu.

FACTUAL BACKGROUND:

2. The facts, as projected by the prosecution, are that on 31.01.2020, a police party headed by ASI Rajinder Singh, comprising SgCt Kartar Singh and Constable Boom Raj, along with some personnel of CISF, was deployed at Ban Toll Plaza, Jammu, for checking vehicular traffic. At about 0530 hours, a truck bearing registration No. JK03F-1478, proceeding from Jammu towards Srinagar, was stopped for checking. It is alleged that terrorists travelling in the said truck opened indiscriminate fire upon the police and security personnel, resulting in injuries to Constable Boom Raj. In terms of an order dated 07.02.2020 issued by the Ministry of Home Affairs, Government of India, the investigation of the case was transferred to the National Investigation Agency, which re-registered the case as RC- 02/2020/NIA/Jammu Upon completion of the investigation, the investigating agency found the involvement of six persons, including the petitioner, in a conspiracy to facilitate the movement of terrorists and carry out an attack upon the security forces.

3. The charge-sheet was presented on 27.07.2020 before the learned 3rd Additional Sessions Judge, Jammu, designated as the ‘NIA Court’, against the adult accused persons. Since the petitioner was found to be 17 years, 5 months and 11 days old on the date of the alleged occurrence, a separate charge-sheet was presented against him before the Juvenile Justice Board, Jammu.

4. The learned Principal Magistrate, Juvenile Justice Board, Jammu, vide order dated 04.11.2020, upon conducting the preliminary assessment as envisaged under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 [“the Act of 2015”], concluded that the petitioner, being above sixteen years but below eighteen years of age, possessed the mental and physical capacity to commit the alleged offence, the ability to understand its consequences and the maturity to appreciate the circumstances in which the alleged offence was committed. Accordingly, the Board passed an order that the petitioner need to be tried as an adult and transferred the case to the competent Court for trial. The petitioner was charged by the NIA Court on 11.10.2021 with the commission of offences punishable under Sections 120-B, 121, 121-A and 122 of the Indian Penal Code and Sections 18 and 39 of the Unlawful Activities (Prevention) Act, 1967. Since the petitioner was to be tried as an adult, as such, NIA Court transferred the case to the trial Court, which is also functioning as the ‘Children’s Court’ under the Act of 2015. Based on the preliminary assessment made by JJ Board, the trial Court decided to try the petitioner as an