CRIMINA IN 277A BETWEEN K XXXXX THROUGH JITENDER DISTRICT (BY MR. N AND STATE OF (BY MR. V MR. KESH 1. the Juvenile referred to by learned Criminal A 09.11.2025 B)(a), 27(1 Police Stati dated 12.01 MINAL REVISION NO. 257-2026 IN THE HIGH COURT OF PUNJA CHANDIGA BEFORE HON’BLE MS. JUSTICE AAR CRIMINAL REVISION DATE OF DECISION WEEN XXXX MINOR CHILD IN CONFLI OUGH UNDER GUARDIANSHIP O NDER (FATHER), VPO FARUKH N RICT GURUGRAM, HARYANA MR. NEERAJ SAINI, ADVOCATE) TE OF HARYANA MR. VISHAL SINGH, AAG, HARYA KESHAV PRATAP SINGH, ADVOC ORDER This criminal revision has bee uvenile Justice (Care and Protection of red to as ‘J.J. Act’) against the appeal earned Additional Sessions Judge inal Appeal No. 52 of 2026, arisi .2025, registered under Sections 109(1 ), 27(1), 30 of Arms Act and Sections e Station, Sadar, Gurugram, whereby .01.2026 passed by the Principal M -1- PUNJAB AND HARYANA AT DIGARH FORE AARADHNA SAWHNEY ISION NO. 257-2026 ISION: 09.03.2026 NFLICT WITH LAW, HIP OF KH NAGAR, …PETITIONER. ATE) …RESPONDENT. ARYANA AND DVOCATE FOR COMPLAINANT) DER as been preferred under Section 102 o tion of Children) Act, 2015 (hereinaft ppeal judgment dated 19.1.2026 passe Judge-Children Court, Gurugram, , arising out of FIR No. 746 date s 109(1), 3(5) of BNS and Section 25(1 ctions 4, 181 of Motor Vehicles Act, ereby appeal preferred against the ord ipal Magistrate, Juvenile Justice Boar NT) 102 of reinafter passed ram, in 6 dated on 25(1- s Act, at he order e Board, GURBACHAN SINGH 2026.03.15 11:55 I attest to the accuracy and integrity of this document CRIMINA Gurugram application 2. noticed her 08/09.11.20 on night pa gunshot ha Upon this, staff was a Team was s Gurugram Yadav, who of Late Jite mother of complaint standard. him up and She told he thus, she r reached ne which their boys left fo days ago, h suspicion th deliberatel MINAL REVISION NO. 257-2026 gram (in short ‘JJ Board’), was dism cation of the ‘child in conflict with the Relevant facts as emerging fr ed hereinbelow: It is the case of the prosecutio 11.2025, ASI Jasvir Singh along wi ht patrolling duty, when a telephonic t having been fired in a flat in Cent this, IO reached at the spot. Emerg as already present at the spot. Fing was summoned to the spot. Thereaft ram and obtained the medico-leg , who was declared unfit for recordi Jitendra Kumar, resident of village of injured Himanshu, set the crim int pointing therein that her son rd. At about 8.30 PM on 8.11.202 and asked him to come to Centra ld her son not to go but the friend o he reluctantly gave her the permis d near Kherki Daula Toll, his friend their another schoolmate GXXX (CC ft for Central Park-II. Mother of in go, her son had had an altercation w ion that on account of resentment, hi ately taking him to the flat. With -2- s dismissed and order rejecting the ba ith the law’, was affirmed. ging from the documents on record b cution that on the intervening night g with co-police officials was prese onic message was received regardin Central Park-2, Sector 48, Gurugram ergency Response Vehicle alongwi Fingerprint team and Scene of Crim reafter, IO reached Medanta Hospita legal report of injured Himansh ording statement. Smt. Kamlesh, wi llage Nandgaon, District Bhiwani an criminal law in motion by filing son Himanshu is studying in 11 .2025, one of his schoolmates calle entral Park-II, Sector 48, Gurugram end of her son, K xxx (CCL) insiste rmission. When her son Himansh iend KXXX (CCL) arrived in a car, (CCL) was also sitting. All the thre of injured further pointed out that fe ion with KXXX (CCL) and thus raise t, his son has been shot, by his friend ith this backdrop, she requested th the bail cord be ight of resent arding gram. gwith Crime spital, anshu wife ni and ling a n 11th called gram. sisted, anshu car, in three at few raised riends ed the GURBACHAN SINGH 2026.03.15 11:55 I attest to the accuracy and integrity of this document CRIMINA police auth also to initi of said com empty she recovered. gate of the the compla driven by K of victim w also recove the police offence wa under Sect witnesses w the IO, sta treating Do ‘unfit’. Fin seeking ass Annexure P that had u classmates Central Pa his classm MINAL REVISION NO. 257-2026 authorities to catch hold of both K initiate appropriate criminal procee complaint, a formal case vide afores Rough site plan was prepare y shells, live cartridges, pistol, ma ered. In the footage collected from of the society, both the CCLs could b omplainant) to the flat in Car No. n by KXXX (CCL). Clothes worn by ctim were also got recovered. Mobil recovered, who were later produced be During the course of investiga olice authorities that the licensed p ce was in the name of father of KX r Sections 27(1) and 30 of Arms A esses were recorded at various stages. O, statement of injured could not ing Doctor did not accord permissio t’. Finally on 30.12.2025, the stateme ing assent of the treating Doctor (copy xure P-2 along with the present petitio In the said statement, while m d unfolded on 9.11.2025, injured ates KXXXX (CCL) had called him l Park-II, Gurugram. He was pick ssmate KXXX (CCL) in his car i -3- th KXXX (CCL) and GXXX (CCL) a oceedings against them. On the bas foresaid FIR was registered. prepared. Incriminating material as ol, magazine lying at the spot we from the camera installed at the ma could be seen bringing juvenile (son o r No. HR-28J-0003, which was bein orn by KXXX (CCL) with blood stain Mobile phones of both the CCLs we ced before the JJ Board, Gurugram. vestigation, it also came to the notice o sed pistol used in the commission o of KXXX (CCL), resultantly offenc rms Act were added. Statements o tages. Despite repeated efforts made b not be recorded immediately as th mission and opined the injured to b tatement of injured was recorded, aft (copy of said statement is appended a petition). ile mentioning the sequence of even red Himanshu stated that one of h him (injured) to his (KXXX) flat picked up from Kherki Daula Toll b ar in which GXXX (CCL) was als L) as basis al as in ot were he main (son of s being d stains Ls were am. otice of ssion of offence ents of ade by as the d to be ed, after nded as events of his flat in oll by s also GURBACHAN SINGH 2026.03.15 11:55 I attest to the accuracy and integrity of this document CRIMINA sitting. On each other, on the bed (CCL), wa fired which bullet got classmates of the boys was dismis dated 12.1 Additional 19.1.2026. 3. light of the the sequenc while he an he (c) accid not have a accidentally petition for adjudicatio of victim H said statem MINAL REVISION NO. 257-2026 . Once, they were inside the flat, th ther, when his friend KXXX (CCL) t bed and started showing him. He , was putting magazine in the pisto hich pierced his neck. It was furth got fired accidentally without the ates (KXXX CCL and GXXX CCL). boys had personal enmity with him. On culmination of investigatio Third application for grant o dismissed by the Principal Magistrate 12.1.2026. The said order was u tional Sessions Judge-cum-Children C 2026. Aggrieved of which, the presen Brief submission of learned co of the statement given by injured Him equence of events that had unfolded e he and the other two CCLs were in accidentally suffered gunshot injury have any ill will or ‘intent’ to kill entally and unfortunately hit Himansh ion for quashing of FIR has also be ication before this Court. In view of d ctim Himanshu has been recorded, wh statement has also been placed on the c -4- t, they started exchanging notes wi L) took out a pistol of his father lyin He and their other classmate GXX pistol when accidentally a bullet wa further stated by the injured that th t there being any fault of his tw CL). He further pointed out that non im. tigation, challan was filed in the Court rant of bail filed by present petition istrate, JJ Board, Gurugram, vide ord was upheld in appeal by the learne dren Court, Gurugram vide order dat present petition has been filed. rned counsel for petitioner is that in th d Himanshu to the IO, elaborating upo olded in the late evening of 8.11.202 ere in a flat of KXXX (CCL), in whic injury, it is clear that the petitioner d o kill Himanshu. The shot got fire manshu. Based on the said statement, lso been filed, which is still pendin ew of directions of this Court, stateme ed, who reiterated his stand (copy of th n the case file). s with r lying GXXX et was at the is two t none Court. etitioner de order learned er dated at in the ng upon 1.2025, n which oner did ot fired ement, a pending atement y of the GURBACHAN SINGH 2026.03.15 11:55 I attest to the accuracy and integrity of this document CRIMINA the juvenile view to be any useful p 4. for the com was suffere magazine i having be officials du 5. documents 6. been notice learned cou case, in the that further purpose. 7. subject to satisfaction not leave th concerned C the final d conditions: MINAL REVISION NO. 257-2026 In the light of the aforesaid fa ile who is a young boy and first to be taken in his favour, for his furth seful purpose. Prayer for allowing the No meaning for arguments w he complainant, though he very fairly suffered by injured accidentally, while zine in the pistol. He also admits g been filed, based on the statement ials during the course of investigation. Heard learned counsel for ments on record. Factual aspect of the case le noticed in para 2 of the order. In v ed counsel for the petitioner and with in the factual scenario of the case in further incarceration of juvenile in cus Resultantly, KXXX (CCL) is ct to his furnishing bail bonds alon faction of learned trial Court/Duty Mag eave the territorial jurisdiction withou erned Court. He shall continue to appe inal decision of the case. The juven itions:- -5- said facts, learned counsel submits th d first time offender, deserves a lenie is further incarceration would not serv ing the petition has been made. ents were advanced by learned couns fairly concedes that the gunshot injur while the present petitioner was puttin dmits the factum of quashing petitio ment given by the injured to the polic ation. l for the parties and perused th ase leading to the lodging of FIR ha . In view of submissions advanced b d without adverting to the merits of th ase in hand, the Court is of the opinio in custody would not serve any usef CL) is granted the concession of ba s along with two local sureties to th ty Magistrate concerned and that he wi without seeking prior permission of th o appear before the learned JJ Board ti juvenile shall abide by the followin its that lenient ot serve counsel t injury putting petition e police sed the FIR has nced by ts of the opinion y useful of bail s to the t he will n of the oard till llowing GURBACHAN SINGH 2026.03.15 11:55 I attest to the accuracy and integrity of this document CRIMINA by all the c 9. that in case at liberty to MINAL REVISION NO. 257-2026 (i) Juvenile will not tamp trial. (ii) Juvenile will not press witnesses. (iii) Juvenile shall not le permission of the trial Court. (iv) Juvenile shall not com offence of which, he is an acc he is suspected of. (v) Juvenile shall not dire threaten or promise to any pe the case so as to dissuade him the Court or to any police offic any manner. (vi) Juvenile shall not in any (vii) Juvenile shall furnish h the Trial Court forthwith and conclusion of the trial and in c seeks to change any of the a only with prior intimation to th reason for the same. (viii) Juvenile will appear be every date fixed, unless is e Court. (ix) The trial Court/Duty M condition, as deemed appropri The father of the juvenile wou l the conditions so imposed by this Co Accordingly, the present petiti in case there is any breach of the afore erty to seek cancellation of bail as gran -6- amper with the evidence during th ressurize/ intimidate the prosecutio t leave the country without prio urt. commit an offence similar to th accused, or for commission of whic directly or indirectly coerce, induc y person acquainted with the facts him/her from disclosing such facts officer or tamper with the evidence any manner misuse his liberty. ish his address and mobile number and shall not change the same till th in case for any reason, the petition he aforesaid, the same shall be don to the learned Trial Court, stating th r before the trial Court on each an is exempted by a specific order ty Magistrate may impose any oth ropriate while releasing the juvenile. le would make sure that juvenile abide his Court. t petition is allowed and it is made cle e aforesaid conditions, the State shall b as granted to the juvenile by this order ng the cution prior to the which nduce, cts of acts to nce in ber to till the itioner done ng the h and der of other nile. e abides lear shall be order. GURBACHAN SINGH 2026.03.15 11:55 I attest to the accuracy and integrity of this document CRIMINA 10. herein are l construed a independen 09.03.2026 gbs MINAL REVISION NO. 257-2026 In view of the above, it is cla n are limited for the purpose of prese trued as an opinion on the merits of the endently of the aforesaid observations .2026 Whether Speaking/reasoned Whether Reportable -7- t is clarified that the observations mad f present proceedings and would not b s of the case and the trial would procee ations. (AARADHNA SAWHNEY) JUDGE : Yes/No : Yes/No ns made d not be proceed NEY) GURBACHAN SINGH 2026.03.15 11:55 I attest to the accuracy and integrity of this document