Authority: High Court of Punjab and Haryana at Chandigarh
Order Date: 16 July 2026
Case Overview
- Petition filed by a Child in Conflict with Law (CCL) under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to CrPC Section 439), seeking regular bail pending trial.
- The underlying FIR (No. 149) was registered on 14 August 2024 at Police Station Hassanpur, District Palwal, charging the petitioner with offences under Sections 103(1), 115(2), 190, 191(3), 304, 351(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to IPC Sections 302, 323, 149, 148, 506) and Sections 25, 54, 59 of the Arms Act.
- The prosecution alleges the petitioner conspired and participated in the murder of Vishnu, using a hammer, iron pipe and iron rod, and subsequently robbed the deceased of cash and a gold chain.
- The petitioner contends he was falsely implicated, asserting no overt act was attributed to him and that he was a juvenile at the time of the incident.
- An order dated 26 March 2025 by the Principal Magistrate, Juvenile Justice Board, Palwal, directed that the petitioner, as a CCL, be tried as an adult and the case be transferred to the Children’s Court.
- The State, represented by Mr. Vijay Kumar, Additional Advocate General, Haryana, opposed bail and produced a custody certificate showing the petitioner had been in custody for 1 year, 10 months and 24 days.
- Section 12 of the Juvenile Justice Act, which contains a non‑obstante clause for bail to juveniles, was considered; bail can be denied only for strong and extreme reasons.
Final Outcome
- The Court, after evaluating the prolonged custody and anticipated trial duration, concluded that further incarceration would not serve a useful purpose.
- The petition was allowed, and the petitioner was ordered to be released on regular bail, subject to furnishing the requisite bail/surety bonds to the satisfaction of the trial Court or Duty Magistrate.
- The order expressly states it does not express any opinion on the merits of the case.
- It further clarifies that if the petitioner, while on bail, is found involved in any other criminal activity, the State may seek cancellation of the bail.
Topics: Criminal Law, Juvenile Justice