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IN THE HIGH COURT AT CALCUTTA
JAY SENGUPTA, TIRTHANKAR GHOSH, BIVAS PATTANAYAK
Suhana Khatun – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
JAY SENGUPTA, J.
1. This application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 filed at the instance of four minor/juvenile persons in connection with the Raghunathganj Police Station Case No. 12 of 2021 dated 07.01.2021 under Sections 341 , 325, 326, 307, 302, 34 of the Indian Penal Code was assigned before the Bench by the Hon'ble Chief Justice with the following observations:-
“The matter was listed for judgment on 20th January, 2022 before the Hon'ble Division Bench comprising Hon'ble Justice Arijit Banerjee and Hon'ble Justice Bivas Pattanayak wherein the Hon'ble Division Bench observed that the principal question pertaining to the instant petition is whether an application for anticipatory bail under Section 438 of the Code at the behest of a juvenile minor is maintainable. Therefore, before delving into any other points involved in the case, the Hon'ble Division Bench dealt with the question of maintainability of the present application for anticipatory bail preferred at the instance of juveniles/minors under of the Code.
The Hon'ble Division Bench, after dismissing the application, has made the following observation:-
“21. H
The court ruled that anticipatory bail applications by juveniles are maintainable under Section 438 of the Code, affirming the necessity of protecting personal liberty as guaranteed by Article 21 of ....
An application for anticipatory bail under Section 438 of the Code at the instance of a minor/juvenile is not maintainable due to the comprehensive and distinct procedure laid down in the Juvenile Ju....
A juvenile can file for anticipatory bail under Section 438 of the Cr.P.C. before actual apprehension, as the absence of 'arrest' in the Juvenile Justice Act does not negate this right.
Juveniles in conflict with law can seek anticipatory bail under Section 438 Cr.P.C., as the provisions of the Juvenile Justice Act do not exclude this right.
Accused who has axe to grind against the applicant is likely to name him as an accused to falsely impleade him in the offence has not been denied in any manner either before the Sessions Court or bef....
The Act does not empower the police to arrest a child in conflict with law, and an application seeking anticipatory bail under Section 438 of Cr.P.C. at the instance of a child in conflict with law i....
The Juvenile Justice Act, 2015, consciously omitted to provide anticipatory bail for juveniles, considering the absence of the concept of 'custody' and the rehabilitatory, reformatory, and beneficial....
Liberty of a juvenile is the supreme factor, and he or she cannot be deprived of the liberty merely because there is no remedy seeking protection against his or her pre-arrest available under the Act
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