The single judge rejected an anticipatory bail application filed by a minor applicant. The court held that since the applicant is a minor, the apprehension of arrest under the alleged case is misconceived, leading to the refusal of the prayer.
The application seeking anticipatory bail was dismissed and subsequently rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48992 of 2019
Applicant :- Harsh (Minor) Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A. for the State and perused the record.
The instant bail application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 522 of 2019, under Sections 323, 377, 506 I.P.C. And Section ¾ of the Protection of Children from Sexual Offences Act , Police Station Dankor Noida, District- Gautam Budh Nagar.
The applicant admittedly is a minor and consequently his apprehension of arrest is misconceived.
The prayer so made is consequently refused.
The Application is consequently rejected .
Order Date :- 2.1.2020 Arun K. Singh
(Yashwant Varma, J.)
1 issue framed by the court
Whether an anticipatory bail application can be considered when the applicant is a minor making the apprehension of arrest misconceived.
4 provisions across 2 enactments
Harsh
State of U.P.
Yashwant Varma
As recorded by the court registry
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