Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15311 of 2018 Applicant :- Anshu Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Om Prakash Katiyar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Ingredients to initiate the present prosecution against the applicant are not available. Referring to the bail order passed in the cases shown in the gang chart, it is further submitted that the applicant has been declared juvenile in conflict with law and has been enlarged on bail by the juvenile justice board. It was further argued that the present matter is started on 25.08.2017, thus on the date of lodging of FIR, applicant was juvenile. Referring to the entire facts it was further argued that the applicant's case should be tried by the juvenile justice board. The court below had no jurisdiction to try the case. It was further argued that all the cases shown in the gang chart, applicant is on bail.
Learned A.G.A. opposed the prayer for bail.
Having regard to the facts and circumstance of the case, hearing the parties and going through the provisions for initiation of the cases in the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 and also keeping in view the facts raised by the applicant, this court is of the opinion that bail application of the applicant is liable to be allowed, irrespective of this fact that the applicant was juvenile in conflict with law. The court below may also be directed to look into the legal provisions and to pass appropriate order whether the present prosecution could be tried by it or by the juvenile justice board.
Let the applicant Anshu involved in Case Crime No. 623 of 2017, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Saurikh, District Kannauj be released on bail on furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned. Further before issuing the release order, the sureties be verified.
Order Date :- 25.4.2018 Sanjeet