Lucknow. Juveniles in conflict with law have the right to apply for anticipatory bail. The Allahabad High Court has held that a child, who has been accused of any offence, is entitled to the remedy of anticipatory bail (pre-arrest bail) under section 438 of the Code of Criminal Procedure (CrPC), like any other citizen. Has the right. However, the restrictions imposed in this provision will also apply to him. Hearing on the reference given by the single bench, the division bench of Chief Justice Pritinkar Diwakar and Justice Samit Gopal has given this arrangement.
Chief Justice Pritinkar Diwakar heard the matter
A division bench of Chief Justice Pritinkar Diwakar and Justice Samit Gopal noted that the Juvenile Justice Act does not exclude an application for anticipatory bail in conflict with the law after an FIR is lodged against a child. Because there is no provision in the Juvenile Act 2015 to make CrPC inapplicable. A juvenile or child in conflict with law cannot be left unattended till the time of his arrest or apprehension of arrest. Therefore, if needed, he can seek anticipatory bail measures.
Juvenile Justice Act is not a hindrance in anticipatory bail
The bench, in its judgment on May 24, said that the Juvenile Justice Act in no way curtails the court’s power to grant anticipatory bail. Exclusion of access to anticipatory bail as a remedy encroaches on human liberty. A child has equal rights with other persons. Therefore, denial of opportunity to exercise the right to apply for anticipatory bail would be violative of all the principles and provisions.
Decision in the case of Shahab Ali and others vs. State of UP
A reference was made before the present Bench in the case of Shahab Ali (Minor) & Ors. Vs. State of UP, wherein it was held by the Single Judge that a petition for anticipatory bail at the instance of a child in conflict was not maintainable in law. Will happen. On the other hand, in another case of a juvenile, another single judge bench observed that anticipatory bail may very well be granted to the juvenile and it shall continue till the child in conflict with law is determined by the Board. is not examined.
