Aditya and Another Vs State of U.P. and 4 Others

Court No. - 72

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5688 of 2022

Applicant :- Aditya And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Kunwar Ajay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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List revised. No one appeared for the first informant.

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The counsel for the applicants is present.

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The present anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicants apprehending their arrest in connection with Case Crime No. 82 of 2022, under Sections 354/323/504/506/34 IPC & Section 9/10 POCSO Act, Police Station- Bhoganipur, District- Kanpur Dehat.

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The counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. This is the admitted fact that the applicants are juvenile. Being a juvenile, they moved the anticipatory bail application before the sessions court. But the learned Additional Sessions Judge/Special Judge, POCSO Act, Kanpur Dehat did not consider this fact and passed the order dated 20.6.2022 in a mechanical manner without application of judicial mind.

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Considering the entire facts and circumstances of the case, I am of the considered opinion that applicants are juvenile and any application regarding bail, appropriate remedy available to the applicants is before the Juvenile Justice Board.

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It is directed that if the applicants appear before the Juvenile Justice Board and apply for bail within 30 days from today, then the same shall be considered and decided in accordance with law.

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For a period of 30 days from today, no coercive action shall be taken against the applicants.

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With these observations/directions, this application is disposed of.

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Order Date :- 28.9.2022 Shravan

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Digitally signed by SHRAVAN KUMAR Date: 2022.09.28 13:48:51 IST Reason: Location: High Court of Judicature at Allahabad

Aditya and Another v. State of U.P. and 4 Others

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Aditya and Another v. State of U.P. and 4 Others

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