IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-2544-2024 Date of Decision:- 28.10.2025 VISHAL ....Petitioner Vs.

STATE OF HARYANA ...Respondent CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Talim Hussain, Advocate for the petitioner.

Mr. Abhishek Yadav, DAG, Haryana.

Mr. Aazam Khan Alig, Advocate for the complainant.

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AMARJOT BHATTI, J. (Oral)

1. Petitioner – ‘V’ through his father filed instant revision petition against order dated 12.07.2024 passed by Juvenile Justice Board, Faridabad and order dated 07.08.2024 passed by learned Additional Sessions Judge, Fast Track Court, Faridabad whereby regular bail application filed by petitioner has been wrongly declined on the basis of surmises and conjectures.

2. Brief facts of the case are complainant ‘S’ gave her statement to the police that on the intervening night of 03/04.06.2024 at mid night her minor daughter ‘K’ aged about 14 years was allured by ‘M’ son of Titu and was taken to street near Hawani Garden. She received a call at about 3:00 AM and on reaching there she found that victim ‘K’ was crying. She could not tell anything out of fear. Later-on, victim disclosed that she was raped by ‘M’. With these allegations, present FIR has been registered.

3. Learned counsel for the petitioner argued that all allegations are levelled against co-accused who is juvenile ‘M’. He was not named by the victim when her statement was recorded under Section 161 Cr.P.C. (Annexure P-2) or her statement recorded under Section 164 Cr.P.C. (Annexure P-3). Present petitioner is a school going boy aged about 15 years. He is in the Observation Home since 21.06.2024. Without proper appreciation of the facts and the allegations qua present petitioner, his application seeking regular bail was firstly declined by Juvenile Justice Board vide order dated 12.07.2024 and first appeal preferred by petitioner under Section 12 read with Section 101 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been declined vide order dated 07.08.2024 which is challenged in the present revision. It is pointed out that at present statement of the victim has been recorded before Additional Sessions Judge, Fast Track Court, Faridabad. Trial in this case may take long time. No purpose would be served by keeping him behind the bars. In-fact, future of present petitioner is being adversely affected.

4. Detailed status report has been filed. Facts narrated in the FIR are confirmed. It is further confirmed that present petitioner is a juvenile, who is in Observation Home since 21.06.2024. Detail of his custody is mentioned in Annexure R-7. Investigation was completed and challan was presented on 07.09.2024. At the time of filing of status report, charges were yet to be framed. Considering the allegations, it is evident that petitioner assisted the main accused ‘M’ in the commission of offence. Therefore, specific role is attributed to the petitioner. His regular bail application was rightly declined by Juvenile Justice Board vide order dated 12.07.2024 and appeal preferred by him was also rightly declined vide impugned order dated 07.08.2024. It is submitted that criminal revision preferred by petitioner deserves dismissal.

5. I have considered the arguments and have gone through the record carefully. In the case in hand, victim is minor. Main accused ‘M’ is juvenile and the present petitioner is also juvenile who are facing trial before Special Court. Main allegations of rape are against juvenile ‘M’. Allegations against present petitioner are that he assisted co-accused ‘M’ in the commission of offence. Merits of the case will be decided after recording of evidence. Present petitioner is in the Place of Safety, Faridabad since 21.06.2024. At present report has been received from the concerned Court according to which statement of the victim is also recorded as PW1. At the time of disposal of bail application by Juvenile Justice Board and appeal before learned Additional Sessions Judge, Fast T