Anticipatory bail application allowed in IPC case where petitioner claims juvenile status. Directed to surrender within 21 days. Notified option to file application under Section 7-A of Juvenile Justice Act.
Anticipatory bail allowed; surrender required within 21 days; notice given to file Section 7-A UA under JJ Act, 2000 if needed.
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ABLAPL No.8274 of 2015
04.08.2015
te.
Heard learned counsel for the petitioner and learned Addl. Government Advoca
The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 457 and 380 of the IPC in G.R. Case No.282/2015 of the court of learned SDJM (S),
Cuttack, arising out of Chauliaganj P.S. Case No.27/2015.
The learned counsel for the petitioner submits the xerox copy of some document
s in evidence of the fact that the petitioner was juvenile at the time of commission of offenc
e. Hence, he shall be treated as Juvenile in conflict with law and it is submitted by the lear
ned Addl. Government Advocate that no criminal antecedent has been reported against him. It is
submitted that charge-sheet has been filed.
Keeping in view the aforesaid consideration, facts of the case, nature of alle
gations and the fact that the petitioner is a permanent resident of village, Manihar, P.S. Khu
than, Dist. Jaunpur, U.P., and that there is no chance of his absconding from the justice, the
anticipatory bail application is allowed.
Let the petitioner surrender before the learned SDJM (S), Cuttack in the afore
said case within 21 days and pray for bail. On such event, he shall be released on bail on suc
h terms and conditions as deemed just and proper by the learned Magistrate. In case, he is arr
ested by the police in the meantime, the accused shall be produced before the learned Magistra
te within 24 hours and the learned Magistrate shall grant him bail as directed above.
It is open for the petitioner to file an application under Section 7-A of the
Juvenile Justice (Care and Protection of Children) Act, 2000 read with Rule-12 of Juvenile Jus
tice (Care and Protection of Children) Rules, 2007 and the learned Magistrate shall take appro
priate action on such application, if any filed by him or his guardian.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.
Intheinterim,Misc.CaseitNo.8721isdirectedof2011thatthepetitioner no.2 shall not be disengage
d only on the basis of attaining the age of 60 till the next date.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.
3
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given the allegation of juvenile status at the time of the offence.
2 provisions across 2 enactments
The Petitioner
The State
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court