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Kaushal Singh vs State Of Up on 17 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 35451 of 2019

Applicant :- Kaushal Singh

Opposite Party :- State Of Up

Counsel for Applicant :- Narendra Kumar Yadav,Amit Kumar Sharma,Ritesh Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Rajul Bhargava,J.

Submission of the learned counsel for the applicant is that the applicant is admittedly a juvenile in conflict with law and is aged about 16 years and under Section 10 of the Juvenile Justice Act, 1915 he could not be arrested during investigation. However, in violation of the aforesaid provisions non-bailable warrant has been issued by the concerned court.

In my opinion, the present anticipatory bail application is wholly misconceived and the applicant can always approach the Juvenile Justice Board of the concerned court for recalling of the non-bailable warrant.

In the light of aforesaid, the applicant shall appear before the concerned court within two weeks from today and move an application for recalling the order issuing non-bailable warrant against him.

Till then, no coercive action in Case Crime No.256 of 2019, under Sections 377 I.P.C. and 5m/6 POCSO Act, Police Station- Katara, District- Shahjahanpur shall be taken against the applicant.

With the aforesaid directions/observations the present Criminal Misc. Anticipatory Bail Application is, accordingly, disposed of.

Order Date :- 17.9.2019

Vikas

 

 

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