Amrinder Singh vs State Of Punjab

SANJAY VASHISTH, J. (Oral)

Petitioner – Amrinder Singh, aged 15 years, has filed the instant revision petition before this Court for setting aside the order dated 22.01.2026 passed by learned Principal Magistrate, Juvenile Justice Board, Fazilka, dismissing his bail application in case FIR No. 0195 dated 04.12.2025 registered under Sections 21-C, 29 of NDPS Act at Police Station Sadar Jalalabad, District Fazilka and order dated 04.06.2026 passed by learned Additional Sessions Judge, Fazilka dismissing his appeal.

As per case of the prosecution, when the police barricade was installed and number of police officials were present, from the side of Tahliwala, Motorcycle bearing registration No. PB-22G-0379 was noticed, which was boarded by total three accused namely, Ganesh Singh as driver, petitioner-Amrinder Singh was sitting in the middle and third accused namely, Arundeep Singh was pillion rider. On seeing the police party, pillion rider-Arundeep Singh handed over polythene bag carried in his hand to the petitioner herein, who was sitting in the middle of the seat.

Learned counsel for the petitioner argues that primarily no offence is made out against the petitioner, who himself is a juvenile (Child in Conflict with Law). Moreover, as per the principles laid down under Juvenile Justice Act, petitioner is to be treated differently and in the dismissal order no where sustainable reason is assigned as to why he can not be granted bail as per the provisions of the Act. Further submits that, petitioner is not involved in any other case of similar nature.

On the other hand, learned State counsel does not deny that the appeal qua plea of bail stands already rejected by the Court of Sessions.

I have heard learned counsel for the parties and also gone through the material available on record with their able assistance.

Petitioner im the present case, is a juvenile and has clean antecedents. Moreover, being juvenile, he is entitled to the beneficial statutory framework of the Juvenile Justice Act, which mandates rehabilitation and distinct treatment from adult co-accused.

Accordingly, prayer made in the present petition is allowed and order dated 22.01.2026 passed by learned Principal Magistrate, Juvenile Justice Board, Fazilka and order dated 04.06.2026 passed by learned Additional Sessions Judge, Fazilka are hereby set aside. Petitioner is ordered to be released on bail, subject to his furnishing bail/surety bonds to the satisfaction of the learned trial Court/ Chief Judicial Magistrate/ Illaqa Magistrate/ Duty Magistrate concerned, if not required in any other case.

However, it is clarified that parents of the petitioner shall inform the concerned Police Station about the conduct of the petitioner, after every fortnight period and would take care of him by not allowing him to come in contact with anti-social elements.

Needless to observe that the petitioner shall not extend any threat and shall not influence any prosecution witness in any manner directly or indirectly.

The observation made here-in-above shall not be construed as an expression of opinion on the facts of the case and the Trial Court is expected to decide the case on the basis of complete evidence available on record.

It is further made clear that if, in future, petitioner is directly found indulged in similar kind of activities, this order shall be deemed to be cancelled.

Petition stands disposed of.

Pending misc. application(s), if any, also stand disposed of.