Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39376 of 2019 Applicant :- Maluwa @ Ravindra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Dulare Singh,Mayank Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Mayank Singh, learned counsel for the applicant, Sri R. K. R. Sharma, learned counsel for the opposite party no.4 and Sri V. K. Pandey, learned A. G. A. appearing for the State and perused the record.
Applicant has moved the present anticipatory bail application seeking bail in Case Crime No.155 of 2018, under Section 380 IPC, Police Station Iradatnagar, District Agra.
The contention of the counsel for the applicant is that application for anticipatory bail of the applicant has been rejected by the Sessions Court, Agra, on the ground that he being a juvenile, his application for anticipatory bail is not maintainable, and he has a remedy of appearing before the juvenile board, Agra.
I have perused the prosecution story as set up in the F.I.R. and also the anticipatory bail rejection order.
Looking to the nature of the order passed by the Sessions Court, Agra, this Court feels that no purpose will be served in keeping the matter pending before this Court, as the question of maintainability of the anticipatory bail itself has been made before this Court. Apparently the ground on which the anticipatory bail application has been rejected by the Sessions Court, Agra, appears to be correct.
Accordingly, the present anticipatory bail application field before the this Court, is being disposed of with the directions that in case the applicant surrendered and appears before the juvenile court, Agra, within a period 10 days from today itself, he will not be arrested from a period of 10 days from today.
In case he does not surrendered and appears before the juvenile court, Agra, and has not file an application for bail within 10 days from today, the interim protection granted by this order, stands automatically vacated.
Let a copy of this order shall be provide to the parties concerned within two days from today, on payment of usual charges.
Order Date :- 26.9.2019/VKG