Dismissed

Vishal @ Gaurav v. State of U.P.

Allahabad HC4 Feb 2022ABAIL/634/2022

Case brief

AI extract

What is this about?

The High Court dismissed the anticipatory bail application as withdrawn by the applicant. The applicant had previously moved before the Sessions Judge but withdrew it, arguing juvenile status. The Court noted the Sessions Judge lacked jurisdiction over juvenile anticipatory bail and allowed the applicant to move before the Sessions Judge where the matter would be considered.

What did the court decide?

Application dismissed as withdrawn with liberty to move the same before the Sessions Judge.

Vishal @ Gaurav Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 53

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 634 of 2022 Applicant :- Vishal @ Gaurav Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Chandra Gupta,Shubham Prakash Gupta

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Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Case is taken up through video conferencing.

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Present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Vishal @ Gaurav in Case Crime No. 1295 of 2021, under Sections 328, 452, 506 I.P.C., Police Station - Kavi Nagar, District - Ghaziabad.

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Heard Shri M.C. Gupta, learned counsel for the applicant, Shri Akhilesh Kumar, learned counsel for the informant as well as the learned AGA and perused the material available on record.

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It is submitted by the learned counsel for the applicant that the anticipatory bail application moved before the Sessions Judge concerned was withdrawn, as Court concerned was not ready to entertain the anticipatory bail application on the ground that applicant was juvenile in conflict with law. To substantiate this argument, learned counsel for the applicant referred to page 11 of the bail application and further submitted that the said anticipatory bail application was well maintainable before the Sessions Judge concerned.

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On the other hand, learned counsel for the informant and the learned AGA submitted that it is not a case of special circumstance to entertain the present anticipatory bail application directly before this Court. In support of his submissions, learned counsel for the informant and the learned AGA referred to law laid down by a Full Bench of this Court in Ankit Bharti vs. State of U.P. and another, (Criminal Misc. Anticipatory Bail Application U/S 438 No. 1094 of 2020) , decided on 2.3.2020.

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I have considered the rival submissions made by the learned counsel for the parties and have gone through the entire record.

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Anticipatory bail application can be moved either before the Sessions Judge or before the High Court irrespective of the fact that accused is juvenile in conflict with law or not as Juvenile Justice Board has no jurisdiction to entertain the anticipatory bail application. Though anticipatory bail application moved by

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the applicant before the Sessions Judge has been withdrawn by the applicant on the ground that on the day of incident applicant was juvenile in conflict with law, yet there was no legal impediment in entertaining the said anticipatory bail application by the Court concerned. Thus, anticipatory bail application was well maintainable before the Sessions Judge concerned. Faced with this situation, learned counsel for the applicant wants to withdraw the present application for moving the same before the Sessions Judge concerned.

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In the circumstances, present anticipatory bail application is dismissed as withdrawn with liberty to the applicant to move the same before the Sessions Judge concerned which shall be considered by it in accordance with law.

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Order Date :- 4.2.2022

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safi

Vishal @ Gaurav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishal @ Gaurav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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