Court granted anticipatory bail to Saurabh and Anmol Mishra, who claimed minority, ordering immediate release on personal bond pending juvenile board’s decision.
Anticipatory bail granted; applicants must furnish personal bond of Rs. 50,000/- with two sureties; released immediately on bail if residing.
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Court No. - 67
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12876 of 2021
Applicant :- Saurabh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Naresh Shukla,Ram Pratap Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicants and learned A.G.A and perused the record.
The instant application is being moved by the applicants invoking the powers of Section 438 Cr.P.C. that they have every reason to believe that they may be arrested on the accusation of having committed a non-bailable offence in connection with Case Crime no. 244 of 2020, under Sections 323, 504, 506 I.P.C., Police Station- Rath, District- Hamirpur.
The applicants, namely, Saurabh and Anmol Mishra, claim themselves minor. They are named in the FIR.
Be it so, they may approach to the Court concerned claiming their minority.
Till the court concerned does not decide their claim in the present case, the interest of the applicants shall be protected and shall not be arrested and if they are residing, they shall be released immediately on bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Arresting Officer till the submission of report under section 173(2) Cr.P.C. by the investigating officer.
It is expected from the learned trial court concerned/ Juvenile Justice Board to decide the application claiming juvenilty within a period of four weeks from its filing.
With the present observation the present application is disposed of.
Order Date :- 8.9.2021 Abhishek Sri.
2 issues framed by the court
Whether to grant anticipatory bail while the applicants claim to be minors and a juvenile justice proceeding is pending.
Whether the applicants should be released on bail pending the trial court's decision on minority claim.
3 provisions across 2 enactments
Saurabh
Anmol Mishra
State of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
