IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 14.05.2025 Reserved on: 29.04.2025 Rxxxx ... Petitioner Versus State of Haryana ... Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Abhimanu, Advocate, for the petitioner.

Mr. Neeraj Poswal, AAG, Haryana, for the respondcnt-State.

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MANISHA BATRA , J .

1. The instant revision petition has been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (For short “Act, 2015”) filed by the petitioner against the order dated 10.12.2024 passed by the learned Principal Magistrate, Juvenile Justice Board (JJB), Charkhi Dadri arising out of FIR No.190 dated 28.08.2024 registered under Sections 61, 103(2), 115, 140(1), 190, 191(3) and 238(a) of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) and Section 75 of the Act, 2015 at Police Station Badhra, District Charkhi Dadri, whereby an application for grant of regular bail as filed by the petitioner who is a child in conflict with law, had been dismissed as well as the order dated 04.01.2025 passed by the Appellate Court in Criminal Appeal No.CRA/90 of 2024, whereby the order of JJB was affirmed.

2. Brief facts relevant for the purpose of disposal of the present petition are that on 27.08.2024, the complainant Sajjauddin recorded his statement to the effect that he was a rag picker and used to live in a slum area at Jui Road, Badhra, along with his relatives. On the same day, some persons came in his vicinity and started saying that the complainant and his neighbourers used to eat beef. Thereafter, those persons took the complainant and others to the police station. While he was at the police station, some youths went to the hut of his brother-in-law Sabir who was also residing in the same vicinity and took him along with them on the pretext of selling scrap material to him. When Sabir along with his acquaintance Aasirurddin reached there, 4-5 youths opened an assault upon them, abducted them and then killed Sabir. He alleged that they threw the dead body of Sabir and also caused injuries to Aasirurddin. He disclosed the names of some of the assailants. The aforementioned FIR was registered. Investigation proceedings were initiated. It was revealed that the accused who were members of Gau Raksha Dal had convened a meeting on 25.08.2024 to close the meat shops and to check as to whether the occupants of the hutments in the slum area of Badhra used to consume beef or not and they were the persons who were involved in the crime.

3. As per the further allegations, the postmortem examination of dead body was conducted. The injuries found on the dead body were opined to be the cause of his death. The petitioner and another child in conflict with law “G” (name withheld) were detained on 28.08.2024. They were joined into the inquiry. They demarcated the place of occurrence and admitted their involvement in the crime. The co-accused were also arrested. After completion of investigation, challan against the co-accused and report against the petitioner had been produced. The petitioner is facing inquiry before the JJB. He had moved an application for grant of regular bail which was dismissed by JJB vide order dated 10.12.2024. Appeal filed by him has also been dismissed by the Appellate Court.

4. It is argued by learned counsel for the petitioner that the impugned orders are not sustainable in the eyes of law and are liable to be set aside as while passing the same, the learned Principal Magistrate JJB and First Appellate Court did not consider the fact that the petitioner was not named in the FIR and no specific act had been attributed to him. No recovery has been effected at his instance. He was only 15 years and 10 months old as on the date of incident and being a juvenile, was entitled to be extended benefit of bail as a matter of right. Keeping in view the provisions of Section 12 of the Act, 2015, the gravity of the allegations could not be considered to be a ground for d