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2025 DAILYLAW 10170 (ALL)

SANJEEV v. STATE OF U.P.

ABAIL/596/2025 · 2025-02-14

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21719 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 596 of 2025 Applicant :- Sanjeev Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Counter affidavit, filed today, is taken on record. 2. Heard learned counsel for applicant, learned A.G.A. for State and perused the record. 3. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case Crime No.312 of 2024, under Sections 147, 323, 504, 506, 307 I.P.C., P.S. Jhangha, District Gorakhpur, during pendency of trial. 4. Counsel for the informant has raised preliminary objection that applicant, who is major, has not claimed juvenility before the trial court which is evident from the rejection order but the applicant has filed present anticipatory bail application stating that he is student and juvenile. 5. Considered the argument raised by the counsel for the informant. Since the applicant has not raised juvenility before the trial court and trial court has not considered the juvenility of the applicant and decided the matter, this Court is not inclined to grant any relief before the adjudication of the juvenility of the applicant. Moreover, present anticipatory bail application has been filed with heading 'Sanjeev (Minor Through natural guardian Santosh)' and affidavit is sworn by the application's father and Vakalatnama has been signed by the deponent i.e. applicant's father. 6. No interference is warranted by this Court.The anticipatory bail application is, accordingly, rejected. Order Date :- 14.2.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad