1. Question of law referred to this Bench for decision on a reference made under Rule 32 of the High Court of Chhattisgarh Rules, 2007 is as follows :-

"Whether the application at the behest of a Juvenile before the Sessions Court or High Court under Section 438 Cr.P.C. would lie?"

2. The aforesaid reference arises out of an application for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 filed by the applicant herein, who is a child in conflict with law (For short "CICL") being less than 18 years, apprehending his arrest in connection with Cr. No.90 of 2016 registered by the police of Police Station Sakti for alleged commission of offence punishable under Section 341, 294, 506, 186, 332, 353/34 of IPC. The CICL moved this Court praying that he may be granted anticipatory bail as he is being falsely implicated though he has not committed any offence. The CICL initially moved an application for grant of anticipatory bail before the Sessions Judge. However, the application was rejected on the ground that the applicant is a CICL, therefore, petition under Section 438 of the Code of Criminal Procedure, 1973 would not be maintainable in view of t