This order rejects an application for anticipatory bail under Sections 363 and 366 IPC. The court refused the prayer because the victim was a minor, citing Section 94 of the Juvenile Justice Act, 2015, and distinguishing a cited precedent for being based on outdated law.
The application for anticipatory bail is rejected.
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Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55194 of 2019 Applicant :- Asif Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ravi Agrawal Counsel for Opposite Party :- G.A.,Tapan Kumar Mishra
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A. for the State as well as Sri Tapan Kumar Mishra, learned counsel for the informant and perused the record.
The present application for grant of anticipatory bail has been filed by the applicant in case crime No.366 of 2019, under Sections 363, 366 I.P.C., Police Station Sarurpur, DistrictMeerut.
The Court finds itself unable to countenance the prayer for grant of anticipatory bail to the applicant bearing in mind the fact that as per the High School Certificate of the victim, she was a minor on the date of the incident. The evidence of minority is also borne out from the medical examination which was undertaken pursuant to the orders passed by the Division Bench. Although learned counsel refers to the judgment rendered by a learned Judge of the Court in Vivek Chandra Bhaskar and another Vs. State of U.P. [2013 (6) ADJ 338] , the Court notes that the said decision fails to notice the provisions of Section 94 of the Juvenile Justice Act, 2015 and places reliance upon a decision of the Supreme Court rendered in 1991 and thus evidently before the change of the statutory regimen which now prevails and applies. The prayer so made is refused.
Consequently, the application is rejected .
Order Date :- 20.12.2019/Vivek Kr.
1 issue framed by the court
Whether anticipatory bail can be granted when the victim was a minor on the date of the incident.
Colour shows how this judgement treated each authority
Vivek Chandra Bhaskar and another Vs. State of U.P.Distinguished¶5
Vivek Chandra Bhaskar and another Vs. State of U.P. [2013 (6) ADJ 338]
1 provisions across 1 enactments
Asif
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
