Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9029 of 2021 Applicant :- Ashraf Opposite Party :- State of U.P.
Counsel for Applicant :- Ainul Haq,Jitendra Singh,Mohd. Saeed Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This anticipatory bail application has been filed by the applicant Ashraf in Case Crime No. 0023 of 2021, under sections 323, 354(ka) I.P.C., P.S.- Khakhreru, District - Fatehpur.
Submission of the learned counsel for the applicant is that the accused-applicant is juvenile and for that purpose his High School mark sheet has been annexed with the anticipatory bail application and only on this ground, the anticipatory bail has been sought.
Learned A.G.A. has vehemently opposed the prayer of bail and has submitted that the accused-applicant should either go before the Juvenile Justice Board or before the Children Court for protection and for determination of the fact that he is juvenile, hence, the present anticipatory bail application has got no force and is liable to be rejected.
In view of the aforesaid facts and circumstances I find that anticipatory bail application appears to be a premature application and the proper course applicant to the accused- applicant is to go either before the Juvenile Justice Board or before the Children Court and get himself determined as juvenile, whereupon he can get all the protections available under the Juvenile Justice Act. As such, the anticipatory bail application has got no force and is liable to be rejected.
Accordingly the anticipatory bail application is rejected.
However, within 30 days from today, the accused-applicant can give bail application either before the Juvenile Justice Board or before the Children Court for seeking protection.
For the above period of 30 days, no coercive measure shall be taken against the accused-applicant in the aforementioned case. However, it is also made clear that the above period of 30 days shall not be extended on any ground.
Order Date :- 30.7.2021 sailesh