IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

224 CRR-2556-2024 (O&M)

Date of decision : 24.09.2025 AXXXX ...... Petitioner V/S State of Haryana ..... Respondent CORAM : HON'BLE MS. JUSTICE AMARJOT BHATTI Present: Mr. Nazim, Advocate for petitioner.

Mr. Abhishek Yadav, DAG, Haryana.

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AMARJOT BHATTI J. (ORAL)

1. Petitioner AXXX filed present criminal revision against impugned judgment dated 21.11.2024 passed by learned Additional Sessions Judge, Nuh vide which appeal preferred by the petitioner was declined upholding the order dated 14.10.2024 passed by learned Juvenile Justice Board, Nuh vide which regular bail application filed by the petitioner was declined in FIR No.156 dated 01.09.2024, under Sections 137, 87, 70(1) of BNSS and Section 6 of POCSO Act, registered at Police Station Pinangwan.

2. As per facts of the case, the complainant ‘A.A.' filed written complaint against ‘M’ and ‘A’ with the allegations that on 01.09.2024 at about 3.30 AM when he got up for going to the bathroom, he noticed that his sister ‘S’ aged 14 years was missing from the house. He along with his family started searching for her and finally, she was found in the house of aforesaid accused persons. She was frightened and was brought back home. The victim disclosed that she was forcibly taken away by ‘M’ and ‘A’ and they forcibly committed rape upon her. The police was informed on police helpline number 112 and finally, the complaint was filed.

3. Learned counsel for petitioner argued that allegations levelled against him are false and without any basis. Version put forward by the complainant is highly improbable. Present petitioner was juvenile at the time of alleged occurrence. During investigation, co-accused ‘M’ was exonerated and inquiry report was submitted against the petitioner on 05.11.2024 under section 64(1) of BNS 2023, Section 4 of POCSO Act by deleting Section 70 (1) of BNS and Section 6 of POCSO Act. The inquiry report is already filed before the Juvenile Justice Board. Conclusion of trial may take long time. The learned Courts’ below failed to consider the mandatory provisions of Section 12(1) of Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner is ready to abide by the terms of bail order. It is submitted that present petition may be accepted and the impugned orders referred above may kindly be set aside and he may be granted concession of regular bail.

4. Present revision petition is opposed by learned counsel representing State. Detailed status report has been filed. The facts narrated in the FIR are confirmed. Along with the status report, copy of MLR is produced, which is Annexure R-1. The statement of victim recorded under Section 183 BNSS is Annexure R-2. The date of birth of the present petitioner is 08.05.2009. Copy of birth certificate is Annexure R-3. The entire investigation was completed and thereafter, the inquiry report was submitted before Juvenile Justice Board on 05.11.2024. After framing the charges, evidence will be recorded. The victim in this case was 14 years of age at the time of said occurrence. There are specific serious allegations. The facts of the case and the gravity of offence were rightly considered by Juvenile Justice Board. His bail application was rejected vide order dated 14.10.2024, passed by learned Principal Magistrate, Juvenile Justice Board and appeal preferred against this order was rightly rejected vide impugned judgment dated 21.11.2024. It is submitted that criminal revision petition filed by the petitioner may kindly be dismissed.

5. I have considered the arguments and have gone through the record. Admittedly, at the time of occurrence, the victim was around 14 years of age, whereas the present petitioner i.e. child-in-conflict with law was also less than 16 years of age. At present, trial is going on before Juvenile Justice Board. Present petitioner is behind the bars since 05.09.2024. Provisions of Section 12 of Juvenile Justice (Care and Protection of Chil