IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.23461-M of 2008 DATE OF DECISION : OCTOBER 20, 2008 AKASH ....... PETITIONER(S) VERSUS STATE OF HARYANA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Jitender Dhanda, Advocate, for the petitioner(s). Mr. Sidarath Sarup, AAG, Haryana. AJAI LAMBA, J. (Oral) This petition under Section 439, Code of Criminal Procedure, read with Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act'), seeks bail in FIR No.270 dated 11.12.2007 under Section 302, Indian Penal Code, and Sections 25/27 of the Arms Act, Police Station, Sector 40, Gurgaon. The gist of allegations as against petitioner-Akash and his co- accused-Vikas are that these two persons fired gun shots at Abhishek, who subsequently died. Learned counsel for the petitioner contends that there is no doubt that the petitioner is just about 13 years of age and being a juvenile, is entitled to the concession of bail, particularly considering the provisions of Section 12 of the Act. Criminal Misc.23461-M of 2008 2 Learned counsel for the respondent-State has pointed out that it was the petitioner who brought the fire arm from his house and hid it in the school. Subsequently, the fire arm was used. Learned counsel for the respondent-State, however, has not disputed the fact that Vikas, co-accused, also a juvenile and who had also fired the fire arm, has been allowed bail. I have considered the facts and circumstances of the case. It is not in dispute that the petitioner is just 13 years of age. So far as the main offence is concerned, along with the petitioner, co- accused Vikas had also fired at Abhishek (deceased). Vikas having been allowed the concession of bail, I am of the opinion that considering the provisions of Section 12 of the Act and the facts and circumstances of the case, the petitioner is entitled to bail. The petition is, accordingly, allowed. Bail to the satisfaction of CJM Magistrate, Gurgaon. October 20, 2008 ( AJAI LAMBA ) Kang JUDGE