BEFORE THE HON’BLE JUVENILE JUSTICE BOARD-I

DELHI, NEW DELHI

IN Re:

State Vs. Harsh

S/o Pappi
Presently in
Protective custody at
OHB II (Sewa Kutir)
FIR NO. 0786/18
PS: MONGOLPURI
U/s 394/397/302/34
IPC
DOH – 18.10.2018

Address H.No. E-1-49-

MONGOLPURI, NEAR
SANTRAM CHOWK,
DELHI
Mob: 9582526224

Application under section 12 read with 8(3)(b) of the Juvenile Justice

(Care and Protection of Children) Act, 2015, for the granting of Bail/
Interim Bail of Child on behalf of his Father.

MOST RESPECTFULLY SHOWETHE

1. That the above said matter is pending adjudication before this
Hon’ble Board and fixed for hearing on 18.10.2018. It is pertinent
to mention herein that the CCL is presently on protective custody
of this Hon’ble Board since 26.08.2018.
2. That the Child is a juvenile within the meaning of the J. J. Act, 2015
and as such this Hon’ble Board has jurisdiction in the instant
case. That the date of birth as per school record of the CCL is
18.03.2001.
3. That the CCL is a regular student and in class 12th at Delhi. It is
further respectfully submitted that CCL has not been in
association of any antisocial people and the applicant has full
control over him.
4. That the child has not come into conflict with law earlier and there
is no antecedent against him.
5. That in view of the instant facts institutionalisation of the child shall
hamper his education as well as other future endeavours.
6. That it is respectfully submitted that there is nothing in the instant
case which connects the CCL with alleged incident. The FIR got
registered falsely on entirely wrong facts, it is alleged in the FIR
that the CCL tried to rob the deceased and while doing so, stabbed
on the thighs which resulting to excessive bleeding, thereby, the
person died. However, truth of the matter is that the CCL along
with his cousin and friend went to book shop and on the way met
with Nikhil, a common friend, they were crossing the park as it has
a shortcut and there was present 4 – 5 people in drunk state
started muffling with them in which another CCL namely Yash @
Keshu retaliated with knife which ultimately lead to excessive
bleeding. It is important to mention here that even if some scuffle
was happened, but CCL was not involved in that scuffle, he was
just present along with others, most importantly; there was no
intention of anybody to kill the deceased, no intention of
Harsh/CCL at all. Had there been any intention to kill the person,
they would have stabbed him on a fatal part, but it was an
accident in the scuffle.
7. That the Applicant is father of the CCL and states that the child has
been under his custody, as such he has full control over the CCL
and very much disciplined in his studies at school. The Juvenile
has been falsely implicated by the police and the complainant in
this case as he has nothing to do with the present case.
8. That in the Preliminary assessment report as well as in the Social
Investigation report, the conduct of the CCL seems to be positive in
the society and nothing is there which shows that he was of
 criminal nature or the CCL needs to be institutionalised, in fact he
is already very sincere, disciplined and regular to his studies as
well as in his school. It is also important to inform to this
court/board that there was no previous involvement of the CCL in
any crime/ with any criminals. All his friends are of same age
group only and no relation with any person having criminal back
ground.
9. That it is important to mention that co-accused/another CCL
namely, Yash @ Keshu is released on bail by the Session court.
10. That it is also important to inform to this board that Prelims of
CCL is going on as he is in 12 th class, but because of his detention,
he is unable to appear for any examination.
11. That it is further respectfully submitted that institutionalization of
the children is hampering his future endeavours and therefore he
deserves to be released on bail.
12. That the Applicant undertakes to abide by all the terms and
conditions imposed by the Hon’ble Board and will not tamper with
any prosecution evidence and try to put pressure on any witnesses
as he is too naive for all this. It is further pertinent to mention
herein that the Applicant shall send the child to attend his classes
at school and the CCL shall be present, when his presence shall be
required by this Hon’ble Board.
13. That the applicant further undertakes that he will produce the
Juvenile before this Hon’ble Board and when it may be required.
14. That there is no reasonable grounds for believing that the release
of the Juvenile is likely to bring him into association with any
known criminal or expose him to moral, physical or psychological
danger or that his release would defeat the end of justice.
15. That the Applicant undertakes that he shall ensure that the CCL
shall not go in negative peer group and further the CCL shall
 continue his studies.
16. That the Applicant has not moved any other bail application before
any court or Board except the present application.
17. That the present application is bona fide and made in the interests
of the juvenile.
PRAYER
Therefore, keeping in view the said facts and circumstances stated
herein above in the interest of justice it is most respectfully prayed
that this Hon’ble Board may graciously be pleased to:
a) Pass an order for release the Juvenile on the bail till the final
disposal of the enquiry, in the interest of CCL, and/or;
b) Grant interim bail to the CCL till further order of this Hon’ble
Board in the interests of justice, and/or;
c) Pass any other order(s) as this Hon’ble Board may deem fit and
proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY

BOUND SHALL EVER PRAY.

Applicant/ Father of CCL

THROUGH

COUNSEL FOR THE CCL

Mohd. Farhan khan
Advocate
+91-9582526224, +91-9971350230
NEW DELHI
DATED: 20.07.2018