Munna @ Asraf Ulla vs State Of U.P. Thru. The Addl. Chief ...
2023 Latest Caselaw 15092 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:33110
 
Court No. - 12
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2128 of 2022
 

 
Applicant :- Munna @ Asraf Ulla
 
Opposite Party :- State Of U.P. Thru. The Addl. Chief Secy. Home Lko. And Another
 
Counsel for Applicant :- Rakesh Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

1.Heard learned counsel for the applicant and learned A.G.A. for the State.

2. Present application for anticipatory bail has been preferred under section 438 CrPC seeking bail in the event of arrest in case crime No.229 of 2021 under sections 308, 323, 325, 504, 506 I.P.C., P.S. Gosaiganj, district Sultanpur.

3.At the outset, a preliminary objection has been raised by learned A.G.A. that the applicant is a minor and anticipatory bail application at the instance of a minor is not maintainable. In support of his contention, learned A.G.A. has relied on a judgment of a Coordinate Bench of this Court dated 9.2.2023 passed in Anticipatory Bail No.11542 of 2022 Minor 'X' through his guardian/father, district Prayagraj vs. State of U.P. and another.

4. On due consideration to the submission advanced, judgment referred to above as also the judgment of this Court in Shahaab Ali and another vs. State of U.P. 2020(2) ADJ 130, I am of the view that the Juvenile Justice Act is a complete legislation in itself dealing with the children in conflict with law, hence the provisions of section 438 CrPC being alien to the scheme of the Juvenile Justice Act are not applicable. Hence, the present application for anticipatory bail is dismissed, as not maintainable. The applicant shall be at liberty to avail alternative statutory remedy, provided under law at appropriate stage of proceeding.

Order Date :- 12.5.2023

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