Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4204 of 2021 Applicant :- Gulfan Opposite Party :- State of U.P.
Counsel for Applicant :- Gauri Dubey,Gautam Dubey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed on behalf of the applicant in the Court today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Order on Criminal Misc. Exemption Application
This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application
The instant anticipatory bail application has been filed on behalf of the applicant, Gulfan, with a prayer to release him on bail in Case Crime No. 20 of 2021, under Section- 452, 354, 323, 504 and 506 I.P.C., Police Station- Shergarh, District- Bareilly, during pendency of trial.
Learned counsel for the applicant has filed this application on behalf of minor. He has brought on record the aadhar card of applicant, Gulfan, which shows his date of birth as 01.01.2006. He prays for permission to correct the particulars of the applicant in the anticipatory bail application by showing him as minor and representing him through his father, Md. Hanif, within the course of the day.
Prayer is allowed.
Connect and list this case along with Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8361 of 2020, Mohammad Zaid (Minor) Versus State of U.P. and Another.
Till the reference made in the above noted case is decided by the larger Bench, the applicant, Gulfan, in the event of his apprehension/arrest by the police shall be enlarged on interim anticipatory bail on the following conditions:-
(i) the applicant shall be released on interim anticipatory bail on execution of personal bond of Rs. 25,000/- by his parent/guardian and two sureties of like amount, one of whom shall be his parent or other close relative, till the inquiry is conducted and concluded against him u/s 14 of the J. J. Act, 2015, preliminary assessment into heinous offence u/s 15 of the J. J. Act, 2015 and order u/s 17/18 of the aforesaid Act is passed.
(ii) the parent/guardian of the applicant shall file undertaking to produce the applicant before the Juvenile Justice Board concerned as and when called upon to do so and if he is found involved in a non-bailable offence, including heinous offence, he will be produced before the Board concerned by his parent/guardian within a period of two weeks of such order u/s 18 (3) of the J. J. Act, 2015 and he will apply for regular bail u/s 12 of the J. J. Act, 2015.
(iii) in case the parent/guardian of the applicant does not produces the applicant before Board concerned as per the condition no. (ii) aforesaid, the police would be at liberty to arrest the applicant forthwith and produce him before the Juvenile Justice Board concerned as per Section 10 of the J. J. Act, 2015.
Order Date :- 7.4.2021 KS