The Hon’ble High Court Bench comprising of Hon’ble Justice A.Y. Kogje in the instant matter while passing the order held that juveniles cannot be deprived of their right to anticipatory bail as it is a part of their fundamental right to personal liberty of an individual granted under the Indian Constitution.
In the present case, a 17-year-old was alleged to be involved in rioting and gambling against which an FIR has been filed before the Sanand police.
Subsequently, the applicant in the instant matter was apprehensive about his arrest, soon after he witnessed that few other persons who are involved in the same case were arrested and released on bail. Consequently, the applicant filed for an Anticipatory Bail before the Hon’ble court through his brother in the Mirzapur Rural Court.
Mirzapur rural court dismissed the anticipatory bail application citing an order passed by the Madhya Pradesh High Court.
Further, it is needful to mention that the present Anticipatory Bail application is filed before this Hon’ble High Court against the dismissal order of the Hon’ble Mirzapur Rural Court.
Furthermore, the Hon’ble High Court Bench after hearing the instant application filed by the petitioner observed that the lower court has discussed nothing as to how Section 6(2) of the Juvenile Justice Act, 2015 (hereinafter referred to as “JJ Act, 2015”) is involved in the instant matter.
In continuation, the Hon’ble High court stated that the JJ Act, 2015 uses the word ‘apprehension’ which is at par with ‘arrest’, which is used in Section 438 of Code of Criminal Procedure, 1973, which is used in the case for grant of anticipatory bail.
Moreover, after discussing provisions of the JJ Act, 2015 the Hon’ble bench remarked that “the JJ Act, 2015 is distinctly provided for the benefit of children and not to curtail their rights”
Lastly, the Hon’ble bench granted the Anticipatory Bail to the 17-year-old upholding right to Anticipatory Bail as part of the right to personal liberty of a Juvenile.