In the High Court of Punjab and Haryana at Chandigarh Crl. Revision No. 2785 of 2008 Date of Decision:February 24, 2009 Salaudeen ---Petitioner versus State of Haryana ---Respondent Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. K.G.Chaudhary,Advocate, for the petitioner Mr. Sidharth Sarup, AAG, Haryana *** SABINA, J. Vide this revision petition filed under Section 401 read with Section 439 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.) order dated 12.11.2008 passed by the Additional Sessions Judge, Faridabad (Annexure P-1) and order dated 17.10.2008 passed by Chief Judicial Magistrate, Faradabad (Annexure P-3) have been challenged. Learned counsel for the petitioner has submitted that the petitioner is a juvenile and there is no material on record to suggest that if he is released on bail, he may be exposed to moral, physical or psychological danger. Petitioner is a VIIth class student. He is 13 years old and he has to take examinations. Learned State counsel, on the other hand, has opposed the bail application. Occurrence in the present case is alleged to have taken place on Crl. Revision No. 2785 of 2008 -2- 16.9.2008 at about 7-00 p.m. It is a case of gang rape. Other co- accused are major and now they all have been arrested. There was no material before the court below to suggest, if released on bail petitioner was likely to be brought into association of any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice. Accordingly, keeping in view the submissions made by learned counsel for the petitioner, this petition is allowed. Impugned orders dated 12.11.2008(Annexure P-1) and 17.`10.2008 (Annexure P-3) qua the petitioner are set aside. He be admitted to bail subject to the satisfaction of the Chief Judicial Magistrate, Faridabad. (SABINA) JUDGE February 24, 2009 PARAMJIT