Application for anticipatory bail by a minor in a criminal case was rejected. The court held the application was misconceived because arrest powers cannot be invoked against a minor without specific directions from the authority under the Juvenile Justice Act.
Application for anticipatory bail rejected.
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Court No. - 69
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11 of 2020
Applicant :- Shravan (Minor) Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rama Pati Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri R.S. Maurya, the learned A.G.A. for the State and perused the record.
The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 112 of 2019, under Sections 420, 411 I.P.C., police station Satti, District Ramabai Nagar (Kanpur Dehat).
The instant application which is preferred by a minor is clearly misconceived since the learned A.G.A. fairly concedes that the power to arrest cannot be invoked against the present applicant in the absence of directions issued under the Juvenile Justice (Care and Protection) Act.
The application consequently stands rejected .
Order Date :- 6.1.2020 faraz
1 issue framed by the court
Whether anticipatory bail can be granted to a minor when police directions under the Juvenile Justice Act have not been issued.
Shravan
Yashwant Varma
As recorded by the court registry
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