The High Court
Case Details
CRM-M- -7211-2025 1- -1 IN THE HIGH COURT OF PUNJA IN CHANDIGA PUNJAB AND HARYANA AT DIGARH FORE BEFORE HON’BLE MS. JUSTICE AAR AARADHNA SAWHNEY 224 CRM-M-7211 7211-2025 DATE OF DECISION ISION 04.11.2025 WEEN BETWEEN CHILD IN ABOUT 18 UNDER G PS BILASP D IN CONFLICT WITH LAW, AGE UT 18 YEARS (MINOR), THROUGH ER GUARDIANSHIP OF X (MOTHE ILASPUR, DISTRICT YAMUNA NA , AGED OUGH OTHER), A NAGAR …PETITIONER. (BY SHRI SHRI NAMIT KHURANA, ADVOCA VOCATE) AND STATE OF BILASPUR TE OF HARYANA THROUGH POLI SPUR, DISTRICT YAMUNA NAGA POLICE STATION NAGAR (BY MR. V MR. G.C. S MR. VIKRAM SINGH, AAG, HARY G.C. SHAHPURI, ADVOCATE FOR ARYANA AND FOR COMPLAINANT) …RESPONDENT. DER ORDER 1. Child In Conflict With Law (C Law (CCL), an accused in case FIR N FIR No. 36 dated 28 28.1.2023, registered against him st him for offences under Sections 20 201, 302 read w read with Section 34 of Indian Penal Penal Code, at Police Station Bilaspu ilaspur, District Ya ict Yamuna Nagar, has filed the prese e present petition under Section 483 o 483 of BNSS for g S for grant of bail. 2. Relevant facts as emerging fr ging from the documents on record b cord be noticed her ed hereinbelow:- GURBACHAN SINGH 2025.11.10 11:02 I attest to the accuracy and integrity of this document CRM-M- -7211-2025 2- -2 Present criminal proceedings ings were initiated against the CCL CL on the compla mplaint dated 28.1.2023 made by Ram, by Anil Kumar son of Sadhu Ram resident of t of Bhamnoli, District Yamuna na Nagar, alleging therein that o at on 28.1.2023 023 at about 11.30 AM, a telepho ephonic information was received ved in Police Stat Station Bilaspur that a dead body ody is lying in reiver Som under th er the bridge nea near village Bhamnauli. On gettin etting the said information, SI Nirm irmal Singh, with with ASI Balbir Singh and Constab stable Pardeep Kumar, boarded on d on a private veh vehicle, reached the spot and notic noticed that a dead body was lying ing in river Som h om having its back upwards mouth outh and legs whereof were dipped ped in water and and its abdomen was lying across a ss a banana tree. Photographs of th of the body were ere clicked by SI Nirmal Singh gh from his mobile. Senior polic police officials w ls were intimated. Request was m as made to SHO of the said Polic Police Station as w as well as Scene of Crime Team in in-charge to reach at the spot. Wi . With the help of p of villagers, the dead body was tak s taken out of water. Sarpanch of th of the village, nam , namely, Arun Kumar and other res r residents identified the body as th s that of Kuldeep eep alias Kala, son of Jagpal, resid esident of village Bhamnauli, Yamun muna Nagar. Fr . From the left pocket of the lower wer worn, a mobile phone make Viv e Vivo was recove covered and was taken into posses ssession vide recovery memo. Whi While Scene of C of Crime Team was busy in inspec specting the site, Anil Kumar, cous cousin brother of r of late Kuldeep, got his statement ent recorded, mentioning therein th in that his father i her is younger brother named Jagp Jagpal Singh, who had two childre ildren. The elder s der son of Jagpal Singh, namely, San , Sanjeev Kumar was married and ha nd has a son nam named XXXX, whereas the you younger son, namely, Kuldeep ep is unmarried. ried. Unfortunately, Sanjeev Kuma umar died 7-8 months ago. Kuldee uldeep alias Kala ala (since deceased) was living sep separately in a house in the villag illage.
Legal Reasoning
prima facie, indicates complicity licity of CCL in the in the incident. It is further submiss ubmission of learned State counsel th sel that substantial tantial witnesses have been examined a ined and completion of trial would n ould not take more more than 2-3 months. Thus, no gro no ground to grant bail to CCL, in th , in the factual scen al scenario of case is made out. Praye Prayer for dismissal of the petition has made. been made. GURBACHAN SINGH 2025.11.10 11:02 I attest to the accuracy and integrity of this document CRM-M- -7211-2025 7- -7 6. Factual aspects leading to the registration of the FIR hav have already bee been noticed in para 2 of the order order. Admittedly, CCL was less tha than 18 years of age, at the time of commissio mission of offence. Therefore, he wa was produced before the Principle Magistrate, strate, JJ Board. Order with regard egard to CCL bein being tried as an ‘Adult’ ha has admittedly attained finalit finality. Notwithstan ithstanding, the overriding effect of of Section 12 of JJ Act, the provisio rovision itself delin delineates the grounds/circumstance stances under which the bail may be refused to to CCL. In the instant case, as per the allegations levelled by the prosecution cution, the CCL in criminal conspi conspiracy with his mother and the their servant had had committed the murder of his pa paternal uncle. It has also come ome on record that that father of CCL had died and, and, thus, there is no parental contr control over him. him. His mother along with their ser servant has since been convicted icted of the offence ffence under Section 302 of Indian Pe Penal Code by the Court of learne learned Sessions Ju Judge, Yamuna Nagar, vide judg judgment dated 25.5.2025 and ord d order of sentence ntence dated 27.5.2025. 7. In these peculiar facts and circ nd circumstances, it is clear that there e is no one in t ne in the family to take care and look d look after the CCL, if he is extende xtended the concess oncession of bail. In fact, from the fa the facts and circumstances brought o ught on record, it d, it is apparent that the CCL req L requires in-house correctional an nal and rehabilitativ ilitative services in order to wean him him away from criminal activities. ities. It is, thus, in in his own interest to provide h vide him in-house correctional servic service during his g his lodging in Children Care Home Home. The Children Court is directe directed to prepare epare a chart, care plan in terms of s of the provisions of JJ Act and th and the Rules fram s framed thereunder so as to enable the ble the incharge of the Home to provid provide CCL with t with the correctional services. The P The Probation Officer shall monitor th nitor the GURBACHAN SINGH 2025.11.10 11:02 I attest to the accuracy and integrity of this document CRM-M- -7211-2025 8- -8 same. The . The Children Court shall make all po e all possible efforts to expedite the tri the trial of the CCL e CCL, within the time frame, so provi provided under the JJ Act. 8. In view of the above, finding inding no merit in the instant petitio petition, same is her is hereby dismissed. 9. Nothing stated above shall be all be construed as an expression on th n on the merits of th ts of the case. .2025 04.11.2025 gbs NEY) (AARADHNA SAWHNEY) JUDGE Whether Speaking/reasoned Whether Reportable : : Yes/No Yes/No GURBACHAN SINGH 2025.11.10 11:02 I attest to the accuracy and integrity of this document
Arguments
Smt. Babita abita wife of Sanjeev Kumar and he d her son Lovish had taken the land and of GURBACHAN SINGH 2025.11.10 11:02 I attest to the accuracy and integrity of this document CRM-M- -7211-2025 3- -3 Kuldeep o p on lease. Both Babita and CC CCL wanted to usurp the land nd of Kuldeep. A p. At about 10 PM on 27.1.2023, wh 3, when Kuldeep (since deceased) wa d) was present in t in the house of Babita, he had had verbal altercation with her an r and Lovish. Sin . Since then the whereabouts of Kul f Kuldeep are not known. At about 1 out 12 in the after afternoon on 28.1.2023, he (c) cam ) came to know about the dead bod body having bee been found lying in the river Som. H m. He visited the site and identified ified it to be that o hat of his cousin brother Kuldeep. C . Complainant further expressed h ed his suspicion ion in writing that Babita and h nd her son CCL, along with the their associates, ates, have murdered Kuldeep and w nd with an intention to destroy th y the evidence, h ce, have thrown his dead body in in the river. Request was made ade to initiate ap appropriate proceedings against inst all those involved in gruesom esome murder. O r. On the basis of said complaint, fo nt, formal case vide FIR No. 36 date dated 28.1.2023, 023, was registered against him for for offences under Sections 201, 30 1, 302 read with ith Section 34 of Indian Penal C al Code, at Police Station Bilaspu aspur, District Ya t Yamuna Nagar. Investigations were set into into motion, during which inque nquest proceeding dings were conducted. Post mortem rtem examination of the deceased wa d was got conduc nducted from Civil Hospital, Jaga Jagadhri. After that, the body wa y was handed ove over to the relatives for performing ming last rites. It further emerges th es that co-accused used Babita and Rishi Pal confes nfessed to their involvement in th in the commission ssion of offence and disclosed th d that they along with Lovish ha h had murdered red Kuldeep by strangulating him. him. In pursuance to the disclosu losure statement m ent made by co-accused Babita, cha chappals of deceased were recovere vered which were were converted into a cloth parcel arcel and taken in police possessio ssion. Son of Bab Babita, i.e., CCL, who at the time o me of incident was less than 18 yea years of age, wa , was produced by Om Kumar a r and questioned, during which h ich he GURBACHAN SINGH 2025.11.10 11:02 I attest to the accuracy and integrity of this document CRM-M- -7211-2025 4- -4 demarcated cated the place where he along w g with his mother and their serva ervant Rishi Pal h al had murdered Kuldeep by strang rangulating him and also demarcate rcated the place w ce where the dead body has been been thrown in the river along wi g with motorcycle ycle of the deceased. Thereafter, CC CCL was sent to place of safety (B ty (Bal Sudhar Gre r Greh), District Karnal. It further emerges from the the documents on record that aft t after Juvenile Ju le Justice Board, Yamuna Nagar c ar conducted preliminary assessme sment under Sect Section 15 of the Juvenile Justice ce (Care and Protection of Childre ldren) Act (in sho short “the JJ Act”). Matter was re as referred to the Court of Session fo on for trial of CC CCL an ‘Adult’. This order was as as assailed by the CCL. Learned fir d first Appellate C ate Court remanded the matter to th to the Juvenile Justice Board for fres r fresh assessment ment. However, vide order dated 11 d 11.12.2024, Juvenile Justice Boar Board again refer referred the matter to the children C en Court observing that CCL be trie e tried as an adult dult. Admittedly, the order vide wh e which the CCL has been directed ted to face trial a lity. ial as an Adult had attained finality 3. CCL filed an application for n for bail under Section 483 of BNS f BNSS before the re the learned Presiding Officer, Chi r, Children Court-cum-Sessions Judg s Judge, Yamuna Na una Nagar. The same came to be dism e dismissed vide order dated 20.01.202 01.2025 (Annexure exure P-3). Aggrieved of which, the h, the present petition has been filed fo filed for grant of bai t of bail. 4. Learned counsel for the CCL CCL submits that CCL has been false falsely implicated icated in the present case only on the b n the basis of statement of Anil Kuma Kumar, who levelle levelled absolutely baseless allegatio legations in the complaint. Thereafte ereafter, complainan lainant in collusion with local polic l police officials, only with a view view to strengthen gthen the prosecution case, introduc troduced a new story of one Kuldee Kuldeep Singh son h son of Karan Singh, having seen de een deceased going to the house of th e of the GURBACHAN SINGH 2025.11.10 11:02 I attest to the accuracy and integrity of this document CRM-M- -7211-2025 5- -5 CCL and th and thereafter, CCL and co-accused cused Rishi Pal taking the deceased o ased on the recover ecovered motorcycle, wherein he (dec een co- e (deceased) was sitting in between co accused Ri sed Rishi Pal and CCL, who was d was driving the motorcycle. Learne Learned counsel con sel contends that the falsity of the cas the case set up by complainant party party is apparent fr rent from the fact that though alleged llegedly Kuldeep Singh had seen CC CCL and Rishi P ishi Pal along with the deceased but f d but for reasons best known, he did n did not narrate this te this crucial/vital fact immediately diately to the police. The theory o eory of Kuldeep ha eep having ‘last seen’ deceased alive i alive in the company of CCL and Ris nd Rishi Pal was intr as introduced as an after thought, one one day after lodging of the FIR. It is further the submission of ion of learned counsel that complaina plainant Anil Kuma Kumar who is also related to CCL and CL and deceased, has concocted a fals d a false story and le and levelled baseless allegations in th s in the complaint only with an ulterio ulterior motive to g ve to grab the land of both Kuldeep (si (since deceased) and father of CC CCL who had pa had passed away 7-8 months ago in the the tragic accident. Learned couns counsel vehemently mently contends that since the CCL w was less than 18 years of age at th e at the time of com of commission of offence, his bail ap bail application has to be dealt with with in accordance rdance with parameters so provided vided under Section 12 of the JJ Ac JJ Act, which are q h are quite distinct from those under under Section 439 of Code of Crimin riminal Procedure. edure. Learned counsel submits that s that there is nothing to suggest that t that if the CCL is extended concession of bail, bail, same is likely to bring him in im into association iation with any known criminal and to and to expose him to moral, physical o ysical or psychologic hological danger. All these crucial a cial aspects were not taken note of b te of by learned Ses ed Sessions Judge, Yamuna Nagar. gar. Bail application of the CCL wa was dismissed i issed in a routine mechanical manner anner. No finding has been returne returned that if CCL CCL is declined bail, it may brin ring him into association with an ith any GURBACHAN SINGH 2025.11.10 11:02 I attest to the accuracy and integrity of this document CRM-M- -7211-2025 6- -6 known crim n criminal, to expose him to moral, oral, physical or psychological dang l danger and the juv he juvenile is in conflict with law and ustice. w and would defeat the ends of justice. In support of his contention, le tion, learned counsel has placed relianc reliance upon two j two judgments of this Court rendere endered in Neeraj v. State of Harya aryan, CRM-M-22 22942-2022 decided on 16.8.2023 .8.2023 and Sachin @ Suraj v. State o tate of Haryana, C , CRA-S-149-2003 decided on 12. on 12.7.2023. 5. Status report by way of affid h, HPS, f affidavit of Kanwaljeet Singh, HPS Deputy Su ty Superintendent of Police, HQ, HQ, Yamuna Nagar has been file n filed, wherein, in ein, in para 14 thereof, the role of CC CCL and motive for commission o ssion of offence hav ce have been highlighted. It has furth s further been pointed out that Kuldee Kuldeep Singh had h had seen CCL and co-accused Ris ed Rishi Pal taking away deceased o ased on motorcycle rcycle. In fact, complainant Anil K Anil Kumar, material witnesses Kara s Karan Singh and K h and Kuldeep Singh, apart from vario various other police officials includin cluding the Investi Investigating Officer have already b eady been examined. Learned Sta d State counsel con sel contends that on same set of evid evidence the mother of the CCL an and co-accused cused Rishi Pal who were facing t cing trial separately have since bee ce been convicted b icted by learned Sessions Judge, Yam e, Yamuna Nagar, vide judgment date dated 22.5.2025 a 2025 and have been sentenced to un to undergo imprisonment for life vid ife vide order dated r dated 27.5.2025. Thus, evidence on record, pri