RASHID RAO Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Rashid Rao is facing trial in FIR No. 100 of 2020, under Ss. 376, 323, 504, 506 IPC, registered at P.S. Patel Nagar, District Dehradun. He has sought anticipatory bail.

(2.) The anticipatory bail application of the applicant has been rejected by the Fast Track Court/Special Judge, POCSO/Additional Sessions Judge, Dehradun on 9/2/2022. The application has been rejected on the ground that since the applicant is a child in conflict with law ("CIL") and the Juvenile Justice (Care and Protection of Children) Act, 2015 ("the Act") does not make any provision for anticipatory bail, the application cannot be allowed.

(3.) Learned counsel for the applicant would argue that the applicant has not been heard on merits. Bail includes anticipatory bail. Anticipatory bail can be granted by the Juvenile Justice Board ("the JJ Board"). The provisions of anticipatory bail are in favour of an accused apprehending arrest, which is beneficial to preserve the right to life and liberty and denial of it to a CIL is not the intent of the legislature. Filing of chargesheet also does not bar entertaining an anticipatory bail application. Learned counsel would submit that a CIL should have more protection under the law, if not, equal to an accused, who is not governed by the Act. Therefore, it is argued that, the anticipatory bail application of the applicant should have been considered by the court below and the applicant is entitled for anticipatory bail.