Court No. - 74
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9674 of 2021 Applicant :- Vineet Kumar Seth @ Neeraj Opposite Party :- State of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This anticipatory bail application has been filed by the applicant-Vineet Kumar Seth @ Neeraj in Case Crime No. 301 of 2019, Case No. 4141 of 2019 under Sections 147, 323, 504, 506, 308 I.P.C. Police Station Mirzamurad, District Varanasi.
Submission of the learned counsel for the applicant is that the applicant is a Juvenile and non-bailable-warants have been issued against the applicant by Additional Chief Judicial Magistrate, Varanasi and thus the applicant apprehends his arrest in the aforesaid case. It is further submitted that applicant has no criminal history and applicant is prepared to furnish sureties and bonds, there is no possibility of her either fleeing away from the judicial process or tampering with the evidence.
Perusal of the record shows that charge sheet has already been filed against other accused persons. Argument of learned counsel for the applicant is that applicant is a Juvenile but neither there is anything on record to show that charge sheet has been filed against any Juvenile nor there is anything on record to show that the question of Juvenile has been raised before the Juvenile Justice Board or before the Children Court. The appropriate forum available to the applicant to go before the Juvenile Justice Board or before the Children Court to raise his plea of Juvenile and if the applicant did not raise such plea before the appropriate forum, the process in the Court will continue and there is no use in coming up before the Court seeking remedy of anticipatory bail as protective measure. The problem is that the applicant has not invoked the legal process as provided under the law, therefore the anticipatory bail application is rejected with the observation that the applicant may appear before the Court below and raise his plea of juvenility before the appropriate forum.
For a period of thirty days from today, no coercive measure shall be taken against the applicant in the aforesaid case. This 30 days period is only to provide time to applicant to raise plea of juvenility and it will not be extended in any case.
Order Date :- 29.7.2021/S.Ali