Ccl S vs State Of Nct Of Delhi

$~6
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IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 06.05.2026
+ BAIL APPLN. 1203/2026
CCL S .....Petitioner
Through: Mr. Subham Jain and Mr. Vaibhav
Dubey, Advocates

versus

STATE OF NCT OF DELHI .....Respondent
Through: Mr. Amit Ahlawat, APP for State
with Inspector Rajesh Kumar






CORAM: JUSTICE GIRISH KATHPALIA


J U D G M E N T (ORAL)

1. The Child in Conflict with Law (CCL)/applicant seeks regular bail in
case FIR No. 11/2024 of Police Station Badarpur for offence under Section
302/34 IPC.
2. According to the prosecution, the CCL/applicant was held to be tried
as an adult as regards the subject FIR. So, the trial pertaining to him is being
carried out before Special Judge (POCSO). Prosecution strongly opposes
grant of bail in this case on the basis of proviso to Section 12(1) of the

BAIL APPLN. 1203/2026 Page 1 of 4 pages
GIRISH
KATHPALIA
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4
835d435f97626cacca, ou=HIGH COURT OF DELHI,CID -
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd
2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.05.06 05:27:12 -07'00'
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:06.05.2026
17:32:44

Juvenile Justice (Care and Protection of Children) Act. What is to be seen in
this case is as to whether there appear reasonable grounds for believing that
release of the CCL/applicant is likely to bring him into association with any
known criminal or expose him to moral, physical or psychological danger or
his release would defeat the ends of justice. On the basis of this statutory
position, the learned Special Court (POCSO) dismissed the bail application
of the CCL/applicant. Hence, the present bail application.
3. According to prosecution case, the CCL/applicant alongwith two
more Children in Conflict with Law and two adults namely Armann @
Kurru and Sahil @ Bhondi committed murder of Gaurav @ Paggal by
inflicting multiple stab injuries. Further, according to prosecution case, at
the time of the alleged offence, the CCL/applicant was already on bail in
case FIR No. 489/2023 of PS Sarita Vihar for offence under Section
302/397/34 IPC.
4. On behalf of CCL/applicant, it is contended by learned counsel that in
the case of a Child in Conflict with Law seeking bail, the manner in which
the offence was allegedly committed, the seriousness of the charge and
antecedents of the Child in Conflict with Law are not relevant. It is
contended by learned counsel that as regards proviso to Section 12 of the
Act, it is not any criminal, but the known criminal whose company has to be
ascertained by the court. That being so, learned counsel for CCL/applicant
contends that the Special Court erred in referring to the fact that the
CCL/applicant committed murder while on bail in another murder case.

BAIL APPLN. 1203/2026 Page 2 of 4 pages
GIRISH
KATHPALIA
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb483
5d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2ee
e60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.05.06 05:27:32 -07'00'
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:06.05.2026
17:32:44

5. Learned APP for State assisted by IO/Inspector Rajesh Kumar
strongly opposes the bail application taking me through the records
pertaining to the manner in which the alleged offence was committed. It is
also submitted by learned APP for State that public witnesses are yet to be
examined, so if released on bail, the CCL/applicant shall certainly terrorise
those witnesses. It is submitted that there also is an eye witness of the
alleged murder, apart from the CCTV footage depicting the CCL/applicant,
so this is not a fit case to grant him bail.
6. Admittedly, the decision to try the CCL/applicant as an adult in the
present case has not been challenged. Also it is not in dispute that when the
alleged murder took place, the CCL/applicant was already on bail in another
murder case. It is not just these two murder cases in which the
CCL/applicant is involved; he is involved in yet another case FIR No.
542/2022 of PS Badarpur for offence under Section 394/34 IPC.
7. In such background, it would be misplaced view to be over-liberal for
the reason that the CCL/applicant happens to be a child though being treated
as adult. The court cannot be oblivious of harsh reality of today’s society
where a number of heinous crimes even under special legislations like
NDPS Act and MCOCA are being committed by the organized syndicates
through juveniles, abusing the social welfare legislation.
8. In the present case, it is certainly not a situation where the likelihood
as contemplated by proviso to Section 12 of the Act pertains to some

BAIL APPLN. 1203/2026 Page 3 of 4 pages
GIRISH
KATHPALIA
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6f
b4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID -
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15570996b40f80c
bd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.05.06 05:27:47 -07'00'
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:06.05.2026
17:32:44

unknown criminals. In the present case itself, there were five assailants as
alleged by prosecution. Besides that, as mentioned above, the CCL/applicant
is involved in two more cases of serious nature, one of which is another
murder case and it is while on bail in that murder case, the CCL/applicant
got involved in the present murder case. The apprehension expressed by the
State is not vague that if released on bail, the CCL/applicant would come in
contact with some known criminals. As mentioned above, the murder in
which the CCL/applicant is alleged to be involved took place while he was
already on bail in yet another murder case, in addition to which he is
involved in yet another serious crime.
9. Considering the above circumstances, I do not find it a fit case at this
stage to grant bail to the CCL/applicant. Therefore, the bail application is
dismissed.
10. Copy of this order be sent to the concerned Jail Superintendent for
being conveyed to the CCL/applicant immediately.
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4a
fec45569af3962c6fb4835d435f97626cac
ca, ou=HIGH COURT OF DELHI,CID -
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5
d15570996b40f80cbd2eee60402c48796
5ff801e26fa, cn=GIRISH KATHPALIA
Date: 2026.05.06 05:28:01 -07'00'

GIRISH
KATHPALIA



GIRISH KATHPALIA
(JUDGE)
MAY 06, 2026/ as

BAIL APPLN. 1203/2026 Page 4 of 4 pages
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:06.05.2026
17:32:44