ORDER :

1. RULE. Learned APP waives service of Rule on behalf of the respondent-State.

2. This is an application by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail in the event of his arrest in connection with FIR registered at C.R. No.11192050210093 of 2021 before Sanand Police Station, Ahmedabad (Rural) for the offence under Sections 143, 147, 148, 149, 152, 153, 224, 225, 186, 332, 353, 395, 397, 427 and 504 of the Indian Penal Code, under Section 135 of the GP Act and under Section 12 of the Gambling Act.

3. The application is filed through the brother of the proposed accused who is aged 17 years and apprehends that he may be falsely involved in the aforesaid offence on account of the previous enmity with the accused No.1 though applicant is not named as an accused in the FIR.

4. The application essentially is for anticipatory bail of child in conflict with law. The State through Additional Public Prosecutor has raised question of maintainability of this application and therefore, the issue comes for consideration as to whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure (for short “the Code”