Punjab and Haryana High Court emphasizes the need for correctional services to rehabilitate the minor involved with international criminal activities.
In a significant judgment, the Punjab and Haryana High Court has denied the bail application of a juvenile, referred to as a Child in Conflict with Law (CCL), involved in a serious criminal case. The case involves the firing of shots at a business establishment in Gharaunda, Haryana, allegedly executed under the influence of a gangster residing abroad. The judgment was delivered by Justice Aaradhna Sawhney, emphasizing the necessity of in-house correctional and rehabilitative services for the minor.
The incident, which took place on January 7, 2025, was initiated by a complaint from Constable Anil Kumar, leading to the registration of an FIR under Section 109(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 25(1B) of the Arms Act. The police investigation revealed the juvenile's involvement, along with accomplices, in orchestrating the attack on instructions from a gangster known as Kaka Rana, based in America. The juvenile was found to have procured weapons and acted in coordination with other accused to execute the crime, which was allegedly aimed at extortion.
The court took into account evidence including call detail records, social media communications, and CCTV footage that pointed towards the juvenile's involvement. Despite arguments from the defense counsel, who claimed a lack of direct evidence and wrongful implication, the court found substantial grounds for denial of bail. The prosecution highlighted the juvenile's consistent communication with the international gangster and previous involvements in criminal activities, necessitating the need for strict supervision and rehabilitation.
Justice Sawhney noted the social input assessment report that indicated a lack of parental control over the juvenile, posing a risk of further criminal association if granted bail. The decision underscores the court's stance on prioritizing the minor's rehabilitation and public safety over immediate freedom.
The judgment reflects the court's resolve to address juvenile delinquency with a focus on corrective measures, especially in cases involving international criminal nexus. The court's decision sends a strong message about the importance of addressing the root causes of juvenile involvement in crime through structured rehabilitation rather than leniency.
Bottom Line:
Juvenile Justice - Bail application of Child in Conflict with Law (CCL) - Concession of bail denied due to involvement in serious criminal activities, lack of parental control, and potential exposure to criminal association if released.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 Section 12, Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 109(1), Arms Act Section 25(1B).
Child In Conflict With Law v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2837609
