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VIJAY BISHNOI, KARDAK ETE
Dasarath Ray @ Dipjyoti Roy – Appellant
Versus
State of Assam Rep. By The P. P. , Assam. – Respondent
Key Points: - The Court held that a juvenile can file anticipatory bail under Section 438 Cr.P.C. before actual apprehension, despite the Juvenile Justice Act not using the term "arrest" (!) (!) (!) (!) (!) . - There is no express bar in the Juvenile Justice Act 2015 preventing applicability of Section 438 Cr.P.C.; the Act is a complete code for post-apprehension matters, but does not negate pre-apprehension bail rights under Cr.P.C. (!) (!) . - The reference was answered affirmatively: anticipatory bail applications by juveniles are maintainable under Section 438 Cr.P.C. or BNSS Section 482, as applicable, before apprehension (!) (!) . - The Allahabad High Court's reasoning in Mohammad Zaid v. State of U.P. and the Punjab and Haryana High Court in Jatin v. State of Punjab supported maintainability; Kara Taling’s view was disagreed in this judgment (!) (!) (!) . - BNSS Section 482 provides directional bail for a person who believes they may be arrested on a non-bailable offense, including conditions for interrogation and travel restrictions; this is discussed as the applicable framework post-2024 (!) (!) (!) (!) .
JUDGMENT :
Vijay Bishnoi, CJ.
1. Heard Mr. B. Bora, learned counsel appearing for the applicant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the respondent State of Assam.
2. The matter is placed before us to answer the following question referred to us by the learned Single Judge in this Anticipatory Bail Application.
3. The events leading to place this Reference before this Court are as under:
“7. Having heard the submissions of learned Advocates of both side, I have carefully gone through the petition and the documents placed on record and also perused the case laws referred by them. Admittedly, there is no decided case law of Hon’ble Su
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