Jammu & Kashmir High Court
Manpreet Singh @ Manni vs Ut Of J&K & Ors on 14 July, 2025
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Bail App No. 206/2024
CrlM No. 401/2025
Reserved on: 02.07.2025
Pronounced on: 14.07.2025
Manpreet Singh @ Manni .....Appellant (s)
Through: Ms. Vasudha Sharma, Advocate.
q
Mr. Danish Manhas, Advocate.
vs
UT of J&K & Ors. ..... Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG.
Coram: HON‟BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
JUDGMENT
01. Petitioner is aggrieved of order dated 14.08.2024, passed by learned Principal Sessions Judge (Children's Court), Samba ["the trial court"], vide which his bail plea, under Section 12 of The Juvenile Justice (Care and Protection of Children) Act, 2015 ("the Act" for short), in FIR No. 21/2022 for offences under Sections 13/18/23/38 UA (P) Act, 8/21/22 NDPS Act, 3/25 Arms Act 14A Foreigners Act and 3 Enemy Agents Ordinance SVT 2005, registered with Police Station Samba, came to be declined.
02. The petitioner seeks emancipation on the predominant premise that regardless of the gravity of offence, he being a juvenile/child in conflict with law is entitled to be released on bail.
03. Before a closer look at the grounds urged in the memo of petition, it shall be apt to have an overview of the background facts.
04. As factual narration would unfurl, on 06.02.2022, Inspector Jagmahender Singh COY Commander of 48 BN BSF Samba lodged a written report to SHO 2 Bail App No. 206/2024 Police Station Samba, alleging inter alia that at about 02 00 hours the surveillance grid of BOP Whaleback of 48 BN BSF observed suspicious movement of 03 to 04 persons from Pakistan side, approaching the international border from the side of BP No. 59. At about 0220 hours, likely PAK Smugglers, who by then had taken position on the IB track and started moving stealthily towards the B.S Fence after crossing the IB. On reaching close the B.S Fence, the said PAK Smugglers laid a plastic pipe of length approx. 12 feet and dia approx. 06 inches and started inserting packets of suspected contraband through the said pipe towards the Indian side. The Ambush Party led by Sh. Kamlesh Kumar Rolaniya, AC when observed through the thermal side, mounted on his personal Weapon AK-47, challenged the smugglers to surrender. However, one of the smugglers assumed threatening position from across the fence and tried to point weapon towards the challenging troops. Fearing imminent danger to life and Govt. Property, the AC opened fire on the smugglers, which resulted in immediate neutralization of one of the PAK smugglers on the spot. The remaining smugglers taking advantage of the undulating ground and fog and tried to escape towards the Pakistan side, but engaged by the other deployed troops simultaneously. Meanwhile, the entire area was engulfed in thick fog, as a result whereof, the general visibility through surveillance grid was hampered. The total of 140 rounds of 5.56 MM INSAS ammunition and 112 rounds of 7.62 MM AK series were fired by the troops. Later, on thorough search of the area, 3 dead bodies of PAK Smugglers were seen lying in between the B.S Fence and the IB. 36 Packets of Narcotics likely to be heroin, one pistol, one Magazine, 09 rounds of Pistol, PAK currency notes of the denomination 5,00 x01, 500x 09, 100x01, 50x02 and 10x12 i.e. total PAK Currency of Rs. 9,820/-, one bottle of PAK made Cough Syrup, 01 blue coloured plastic pipe, 12 feet long and 06 inches Dia (approx.) and 01 small knife came to 3 Bail App No. 206/2024 be recovered from the place of occurrence. On the receipt of this report, the aforesaid FIR came to be registered.
05. It surfaced during investigation that just after the incident on 06.02.2022, two suspects, namely, Gurpreet Singh @ Billa and petitioner were found roaming under suspicious circumstances near the border area. They were detained by officials of Naka party of PP Amb Tali Samba. When they narrated inconsistent stories on questioning, they were booked under Section 41 CrPC in case FIR No. 359/2021 under Section 457/380 IPC of P/S Samba. However, on 11.02.2022, both of them revealed that they had come to Samba to receive the consignment of Narcotics/Arms from their PAK based handlers. They were given the benefit of 169 CrPC in the aforesaid FIR and were arrested in the present case. On personal search and disclosure of accused Gurpreet Singh @ Billa, 03 mobile phones, 01 laser light, one brand new black motor cycle R-15 Yamaha and a red coloured large bag came to be recovered. Exhibits were sent to FSL Srinagar for the extraction of incriminating digital data from the mobile phones. Later, the investigation of the present case came to be transferred to State Investigating Agency (SIA), J&K on 10.03.2022, endorsed on 01.04.2022.
06. It revealed during investigation by the SIA, that petitioner was actively assisting his associates and participating in the activities of an organized Narco- terror Gang, involved in the smuggling of Narcotic Drugs and Fire Arms from Pakistan to Indian territory and the main Kingpin of this gang was code named Rana, a resident of Pakistan, who was operating the gang with a motive to incite subversive activities with the use of Narcotics as a terror currency. Accused Gurpreet Singh @ Billa (A-1), was a major member of this Gang, which was led by the said Pakistani kingpin Rana (A-5) and he used virtual numbers and highly encrypted and sophisticated applications from his phones, which were installed 4 Bail App No. 206/2024 specifically for the purpose of executing this operation. A-1 was in direct contact with A-5 on virtual mode, which came to be corroborated from the FSL report in screen recordings, captured by A-1 in Hotel Om International Samba, where it surfaced that he was on WhatsApp video call on his virtual number with Pakistani handlers.
07. A-1 revealed during investigation that he provided cash of Rs. 2.00 Lacs in Divine Motor Agency to purchase a new motor cycle, R-15 Yahama Black in colour in the name of Gurpratap Singh @ Partap (A-3), who provided his Aadhar card as ID poof for the purchase of said motorcycle. On questioning, A-1, failed to provide the source of said cash of Rs. 2.00 lacs. The petitioner, during investigation, identified a video featuring himself at Divine Motor Agency carrying cash in a polythene bag and he also recognised and identified the incriminating photos, screenshots and videos featuring himself along with A-1 and A-3 especially at Divine Motor Agency, Amritsar, from where they had purchased the motorcycle for the execution of the task in question. As per the prosecution case, A-1 and the petitioner were tasked by their PAK handlers to execute the operation of collecting and transporting consignment of Narcotics and weapons to Punjab based recipients.
08. Pertinently, on 28.07.2022, Camera Shots-cum-WhatsApp Chat Identification Memo came to be prepared in the presence of PW Diwan Chand, a receptionists-cum-room boy of Hotel Om International Samba. PW Diwan Chand, during investigation, revealed that he gave mobile hotspot for internet connectivity to A-1 on 29.01.2022, on the pretext that A-1 had no internet connectivity due to pre-paid Punjab Based SIM-card. On establishing the connectivity by means of Hotspot, provided by PW Diwan Chand, A-1 sent his identity proof i.e. Aadhar Card number from his Whatsapp Number. Photographs 5 Bail App No. 206/2024 of the WhastAap chat between PW Diwan Chand and A-1, including the details of the WhataAap account on which the witness had received the Aadhar Card from A-1 were captured in the presence of Executive Magistrate, namely Sh. Ravinder Kumar Sharma, Naib Tehsildar. Miran Sahib and independent witnesses PW 54, PW 31 and PW 39.
09. PW Diwan Chand, receptionist-cum-room boy of Hotel Om International Samba, during investigation, identified both A-1, who had booked a room in the said Hotel on 29.01.2022 and also the petitioner, who later came to the Hotel on 05.02.2022. Accordingly, the investigating agency prepared the Photo Identification Memo of PW- Diwan Chand in the presence of EMIC and PWs-54, 31 and 39. The Mobile phone of PW Diwan Chand also came to be seized and sealed in the presence of Executive Magistrate Miran Sahib and statement of PW Diwan Chand, came to be recorded in terms of Section 164 before JMIC, R.S Pura.
10. It is pertinent to mention that it also transpired during investigation that on 04.02.2022, A-1 along with petitioner and A-3 had visited Divine Motor Agency Putlighar, Amritsar, to purchase the motor bike. A-3 submitted his Aadhar Card as his ID Proof, as per the sale letter record of the agency. The petitioner was seen carrying cash in the said agency in one of the videos and a red bag was purchased from Amritsar to receive/carry the consignments from IB Samba to Samba as per the directions of his Pakistani handlers. The aforesaid motorcycle and the red bag came to be recovered during investigation. It was also established during investigation that many screen recordings were captured by A-1 in Hotel Om International Samba, while he was on WhatsApp Video call with his Pakistani handlers.
6 Bail App No. 206/2024
11. It is contention of the investigating agency that it has been established that in the wee hours of 06.02.2022, 06 Kgs of Heroin along with weapons were attempted to be smuggled. 03 PAK intruders were killed/neutralized by surveillance guard of BOP Whaleback and one Pakistani intruder managed to escape. The drug consignment was seized at IB and the petitioner along with A-1 were caught by the naka party near the vicinity of the scene of occurrence on the same day. The digital evidences, corroborates the fact that they were in touch with their PAK based handlers through virtual mode. The petitioner came to be arrested along with co-accused A-1 Gurpreet Singh on the day of occurrence. He along with A-1 were tasked to receive and transport the consignment from border areas of Glar (Samba) for onward transportation to the intended recipients. He participated and helped in arranging logistics like purchasing a bike from Divine Motor Agency as surfaced in digital evidence. The petitioner, therefore, came to be charge-sheeted for the aforesaid offences.
12. Initially, the petitioner through his mother applied for bail before Principal Magistrate, Juvenile Justice Board, Samba on the ground of Juvenility. However, the Magistrate vide order dated 03.04.2022, having regard to the report of the Medical Board and the seriousness of the charge, declined to give the petitioner, who was more than 17 years of age at the time of commission of offence, benefit of being juvenile on the ground that he was mature enough to understand the pros- cons of criminal occurrence and understand the legal consequences. As a result, he was ordered to be treated as an adult for the purpose of criminal proceedings in the Special court and his bail application came to be dismissed.
13. Thereafter, the petitioner preferred an application for bail in the trial court primarily on the grounds of false implication and that he was a child in conflict with law.
7 Bail App No. 206/2024
14. Learned trial court, having regard to the case law cited at bar, though concurred with the prime contention of the petitioner that even if a child is transferred for trial as an adult, his bail application is to be entertained in terms of Section 12 of the Act, but dismissed the bail plea on the ground that since he is a resident of Punjab and occurrence took place within the jurisdiction of Police Station Samba, it was sufficient to indicate that he was already in contact not only with the local criminals but criminals from across the border and the proviso attached to Section 12 of the Act has been provided for dealing with such Juveniles only.
15. Leaned trial Court is of the view that proviso to Section 12 of the Act is a caveat that such person cannot be released if there appear grounds to believe that his release is likely to bring him into the association of any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice. Thus, the trial court is of the opinion that all the exceptions of the proviso of Section 12 of the Act are applicable to the case of the petitioner, because as per the charge-sheet, the petitioner was already in touch with the Narco-teror gangs operating from across the border and there was likelihood that if released, he may again come in association with said known criminals and could be exposed to moral, physical or psychological danger and he was also involved in heinous offences which have direct impact on the society.
16. The petitioner is aggrieved of the aforesaid observations of learned trial Court inter alia on the grounds that merely because JJB Samba had held that he is to be "tried as an adult", it does not mean or infer that a child in conflict with law would ipso fact become an adult. According to the petitioner, it only postulates that such a juvenile is to be treated differently in view of the heinous nature of the offence alleged and consequent need for a stricter treatment of the offender, but 8 Bail App No. 206/2024 he still remains to be a juvenile/Child in conflict with law, to be governed by the provisions of the Act, in view of the special needs of the child.
17. It is contended that a child in conflict with law is mandatorily to be released on bail in view of Sub-Section 1 of Section 12 of the Act unless and until the exception carved out in the proviso is made out.
18. It is contention of the petitioner that since the charge-sheet neither reveals that he was ever in association of any known criminal nor reflects that he has ever been involved in any other offence, therefore, there is no likelihood to bring him into the association of any known criminal.
19. It is urged that since petitioner is lodged in the Observation Home RS. Pura for the last about two and half years, his alleged contacts, if any, with any known criminal have already fractured. It is also contention of the petitioner that in case of his release on bail, he is not likely to be exposed to any moral, physical or psychological danger because he is to be placed under the care and protection of his family.
20. In so far as third exception of the proviso is concerned, it is urged that the expression "defeat the ends of justice" prima facie means that if the developmental and other socio-economic needs of a child requires that he be kept in custody or his custody is necessary for his rehabilitation, care and protection, only then his release would defeat the ends of justice but he cannot be kept in continuous incarceration on the ground of gravity or heinousness of the offence. According to the petitioner, he is in continuous custody of the Observation Home, since the date of his arrest on 11.02.2022 i.e. for about two and half years and his conduct and behaviour in the Rehabilitation Facility is also satisfactory, proper and up to the mark.
9 Bail App No. 206/2024
21. The bail plea of the petitioner has been opposed on the other side by the UT predominantly on the grounds, on the basis of which, his application for bail came to be dismissed by the trial court.
22. Heard arguments and perused the file.
23. Learned counsel for the petitioner has relied upon a host of decisions rendered by different High Courts of the country including, Neeraj vs. State of Haryana dated 16.08.2023, of High Court of Punjab and Haryana at Chandigarh, Shubham Suryavanshi @ Bablu Milind vs. The State of Maharashtra dated 21.10.2022, of High Court of Judicature at Bombay, "X" Juvenile vs. UT of J&K dated 19.02.2024 of High Court of J&K and Ladakh, Rakesh Rai vs. The State of Bihar dated 17.01.2025, of High Court of Judicature at Patna in Criminal Appeal (SJ) No. 2154/2024, CCl „A‟ vs. State (NCT of Delhi); AIRONLINE 2020 DEL 1439, of High Court of Delhi at New Delhi, X Juveline vs. State of UP & Anr., dated 28.02.2023 of High Court of Judicature of Allahabad and X (Minor) vs. State of U.P and Anr. dated 26.04.2023, of High Court of Judicature of Allahabad, to reiterate the grounds urged in the memo of petition.
24. The Juvenile Justice Act came to be enacted with a laudable object to ensure that all the basic needs of children are met through proper care, protection, development, treatment, social integration by adopting a child friendly approach in the adjudication and disposal of matters in their best interest and for their rehabilitation through the processes provided under the Act and that their basic human rights are protected. There is no quarrel to the statutory position of law that a Court exercising jurisdiction under the provisions of the Juvenile Justice Act must adhere to the general principles of care and protection of children, enumerated in Section 3 of the Act and that all decisions regarding a child in 10 Bail App No. 206/2024 conflict with law should be premised on the primary consideration that they are in the best interest of the child and to help him to develop full potential.
25. However, it is pertinent to underline that offences under the Act have been classified as Petty offences under Section 2 (45), punishable with maximum imprisonment upto three years under the Penal Code or any other law for the time being in force, Serious offences, punishable under the Penal Code or any other law for the time being in force with imprisonment between 3 to 7 years, under Section 2 (54) and Heinous offences under Section 2 (33), which include the offences for which the minimum punishment under the Penal Code or any other law for the time being in force is imprisonment for seven years or more. The Act clearly differentiates between the offences in the aforesaid three categories. The legislative intent behind the classification of offences, is thus loud and clear that cases involving heinous offences are required to be dealt with circumspection and sensitivity.
26. The petitioner has approached this Court for emancipation, primarily on the ground that he being a child in conflict with law is entitled to be released on bail as a matter of right, in terms of Section 12 of the Act, which reads as:-
12. Bail to a person who is apparently a child alleged to be in conflict with law-
"(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:
Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision. (2).......
(3).......
(4)........"11 Bail App No. 206/2024
27. In terms of Section 12 of the Act a child in conflict with law, who is alleged to have committed a bailable or non-bailable offence shall be released on bail with or without surety notwithstanding anything contained in CrPC. However, it is subject to a rider that if there appear reasonable grounds for believing that his release 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, he shall not be so released for the reasons to be recorded.
28. It is manifest from a plain reading of Section 12 of the Act that the legislature did not intend that a child in conflict with law or a juvenile is entitled to be released on bail, notwithstanding the other facts and circumstances of the matter. In other words, it is clear from the proviso appended to Sub-Section 1 of Section 12 that bail can be denied to a juvenile, if his case falls within any of the three conditions enumerated therein.
29. Apart from the first two conditions regarding reasonable grounds for believing that release on bail would bring the child in association with any known criminal or expose him to any moral, physical or psychological danger, bail can be denied to the juvenile if his release would defeat the ends of justice. Since the Act differentiates between the Petty offences, Serious offences and Heinous offences, the expression "the ends of justice" would encompass factors like the nature of the crime, the gravity of the offence, the methodology adopted, the manner of the commission of the crime and impact on the society.
30. The petitioner, in the present case, is alleged to be part of a larger conspiracy. During investigation, he identified a video of featuring himself at Divine Motor Agency, carrying cash in a polythene bag and also recognized and identified the incriminating photos, screen shots and videos featuring himself 12 Bail App No. 206/2024 along with his associates/co-accused, especially at Divine Motor Agency, Amritsar, from where they purchased a new motor cycle for the execution of the task given to him and co-accused by the PAK handlers to execute the operation of collecting and transporting consignment of Narcotics and weapons to Punjab based recipients.
31. It surfaced, during investigation that the petitioner and co-accused Gurpreet Singh @ Billa, during execution of the said task, checked in a hotel, Om International Samba. One of the prosecution witnesses, PW-Dewan Chand Receptionist-cum-Room boy of the said hotel, during investigation, identified the said co-accused Gurpreet Singh @ Billa who had booked a room in the said hotel on 29.01.2022 and also the petitioner who came later to the hotel and met the co- accused on 05.02.2022. The Investigating agency has obtained Whatsapp chat between PW-Dewan Chand and co-accused Gurpreet Singh including the Whatsapp account on which the said witness had received Adhar Card from co- accused and prepared the identification memos and captured photographs in the presence of Executive Magistrate PW-Ravinder Kumar Sharma Naib, Tehsildar, Miran Sahib and independent witnesses, PWs 54, 31 and 39.
32. The motor cycle and the red bag in which the petitioner was seen carrying cash in the Divine Motor Agency has also been recovered during investigation and according to the investigating agency, it is the same motor cycle which has been used by the petitioner and co-accused for execution of the work given to them by their PAK handlers. There is prime facie sufficient digital, documentary and ocular evidence against the petitioner that he was part of the conspiracy, a close associate of co-accused Gurpreet Singh and he not only helped him in arranging the logistics like purchasing a bike for execution of the task but participated in the commission of the crime. The offences committed by him are 13 Bail App No. 206/2024 not only grievous in nature, but against the sovereignty and integrity of the country. It is pertinent to mention that the petitioner at the time of commission of the alleged offences was more than 17 years of age. The manner in which the offences are alleged to have been committed by the petitioner and his associates and the methodology adopted by them in arranging the logistics to PAK handlers is sufficient to indicate that his conduct and the well-planned manner with which he associated with co-accused persons are that of a matured skilled person. Therefore, having regard to the gravity of the charge, the release of petitioner would not only bring him in association of known criminals and expose him to moral, physical and psychological danger but would defeat the ends of justice.
33. I am fortified in my opinion by a decision rendered by High Court of Uttaranchal in X vs. State of Uttarkhand; 2024 SCC Online Utt 728, whereby the bail plea of a school student came to be declined by the High Court. The petitioner in the said case was accused of distributing obscene video of a 14 years old girl, which allegedly drove the minor victim to commit suicide. Relevant observation captured in Para 11 of the judgment reads as below-
"11. Having considered the social investigation report, the medical examination report, the report from the school, this Court is of the view that best interest of the child would be served if he is not granted bail. If he is released on bail, it would definitely defeat the ends of justice. This Court below has rightly rejected the bail application. Accordingly, the revision deserves to be dismissed."
34. The aforesaid judgment came to be assailed by the petitioner and pertinently, Hon'ble Supreme Court refused to interfere and upheld the aforesaid judgment in X (Minor) through her Mother vs. State of Uttarakhand; SLP (Crl.) Nos. 7097-7098/2024 decided on 20.05.2024.
35. Relevant excerpt of the Supreme Court verdict reads as below:-
"Having heard learned Senior counsel for the petitioner at length and after carefully perusing the material placed on record, we are not inclined to interfere with the impugned order passed by the High Court at this stage. The Special Leave Petitions are, accordingly, dismissed."14 Bail App No. 206/2024
36. In view of aforesaid observation of Hon'ble Supreme Court, the case law relied by learned counsel for the petitioner is distinguishable.
37. Narco-terrorism is no longer confined to drug-weapon smuggling. The use of Narcotics as a terror currency and the cross-border smuggling of Narcotics and terror activities have, of late, become a new front of proxy war, unleashed by the adversaries from across the border. A dual strategy of sending across the drugs and weapons is being employed by the enemy to threaten economic security of the country, incite subversive activities and disrupt the social fabric. The petitioner is allegedly found to be actively assisting and participating in the activities of an organized Narco-terror module along with his associates. Therefore, he cannot be allowed to take benefit of the beneficial legislation to defeat the ends of justice.
38. For the foregoing reasons, the present petition is dismissed.
(Rajesh Sekhri) Judge Jammu 14.07.2025 Abinash Whether the judgment is speaking? Yes Whether the judgment is reportable? Yes