CRM.M-28731 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh. CRM.M-28731 of 2009 Decided on 10.11.2009. Rekha @ Rakesh Kumari -- Petitioner vs. State of Haryana --Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.S.K.Arora, Advocate,for the petitioner Mr.Amit Khatkar,A.AG, Haryana. Rakesh Kumar Jain, J: (Oral) This is a petition under Section 439 of the Code of Criminal Procedure, 1973 (for short,'Cr.P.C.'), for regular bail in case FIR No.169 dated 06.6.2009 registered under Sections 307, 398,401,411,420,467,468,471 IPC and 25, 54 & 59 of Arms Act, at Police Station, Thanesar, District Kurukshetra. Admittedly, the petitioner was arrested from the spot and 75 revolvers, 10 DBBL guns and one carbine i.e, total 86 weapons besides 887 live cartridges without any permit or license were recovered from the vehicle in which the petitioner was travelling and that vehicle was displaying forged number plate. Learned counsel for the petitioner has submitted that the petitioner is a juvenile being 17 years of age , therefore, in terms of CRM.M-28731 of 2009 2 Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (for short, 'the Act'), she is entitled to bail. Before coming to this Court, the petitioner had applied for regular bail before the Court below which was dismissed by learned Addl.Sessions Judge, Kurukshetra, vide his order dated 14.9.2009, observing as under:- “After hearing both the sides, I am of the considered opinion that the present application deserves to be dismissed. The allegations in the FIR are grave and serious. The police party has been fired at several rounds. The petitioner, though a juvenile, is alleged to be involved in the acts of looting with her co-accused. A large quantity of arms and ammunition was recovered from the petitioner and her co-accused. Therefore, release of the petitioner from custody would defeat the ends of justice. The petitioner is alleged to be involved in organized crime and in case of her release on bail, she is likely to come in association with hardened criminals and she is likely to be exposed to moral danger” Learned counsel for the State, on receiving instructions from ASI Kehar Singh, states that the petitioner is involved in another FIR No. 49 dated 03.4.2007 registered under Sections, 3,4, and 5 of The Immoral Traffic (Prevention) Act, 1956 at Police Station, City, Ferozepur. It is submitted that out of eight accused, two accused are still at large and their arrest warrants have been issued. After hearing the learned counsel for the parties and CRM.M-28731 of 2009 3 keeping in view the rider to Section 12 of the Act, I do not find it to be a fit case for grant of regular bail. Hence, the bail application of the petitioner is hereby dismissed. However, nothing observed herein shall be construed to be an expression of opinion on the merits of the case. 10.11.2009 (Rakesh Kumar Jain) RR Judge