Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3970 of 2021 Applicant :- Vikram Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anup Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned AGA for the State. The instant anticipatory bail application has been filed on behalf of the applicant, Vikram Yadav, with a prayer to release him on bail in Case Crime No. 285 of 2017, under Section- 307 IPC, Police Station- Gola, District- Gorakhpur, during pendency of trial. Prior notice of this bail application was served in the office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., hence, this anticipatory bail application is being heard. Grant of further time to the learned A.G.A as per Section 438 (3) Cr.P.C. (U.P. Amendment) is not required. FIR was lodged on 12.10.2017 against two unknown accused persons alleging that when the informant was going on motorcycle, two persons caused gun shot injury to him from behind. Counsel for the applicant has submitted that three persons were arrested and charge sheet was submitted against them. Subsequently, further investigation was conducted wherein name of the applicant has surfaced. Counsel for the applicant has submitted that the applicant was aged about 15 years in the year 2017 as clear from his High School certificate of the year 2019 which discloses his date of birth as 10.06.2002. The incident has taken place in the year 2017 when he was about 15 years old and was minor. Counsel for the applicant has further submitted that the applicant has been falsely implicated in this case. The investigation is still under progress and he will cooperate with the trial. The applicant has definite apprehension that he may be arrested by the police any time. Learned AGA has opposed the prayer for anticipatory bail of the applicant. He has submitted that in view of the seriousness of the allegations made against the applicant, he is not entitled to grant of anticipatory bail. The apprehension of the applicant is not founded on any material on record. Only on the basis of imaginary fear anticipatory bail cannot be granted. Connect and list along with Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 8361 of 2020, Mohammad Zaid (Minor) Versus State of U.P. and Another. Till the reference made in the above noted case is decided by the larger Bench, the applicant shall be enlarged on interim anticipatory bail on the following conditions:- (i) the applicant shall be released on interim anticipatory bail on execution of personal bond of Rs. 25,000/- by his parent/guardian and two sureties of like amount, one of whom shall be his parent or other close relative, till the inquiry is conducted and concluded against him u/s 14 of the J. J. Act, 2015, preliminary assessment into heinous offence u/s 15 of the J. J. Act, 2015 and order u/s 17/18 of the aforesaid Act is passed. (ii) the parent/guardian of the applicant shall file undertaking to produce the applicant before the Juvenile Justice Board concerned as and when called upon to do so and if he is found involved in a non-bailable offence, including heinous offence, he will be produced before the Board concerned by his parent/guardian within a period of two weeks of such order u/s 18 (3) of the J. J. Act, 2015 and he will apply for regular bail u/s 12 of the J. J. Act, 2015. (iii) in case the parent/guardian of the applicant does not produces the applicant before Board concerned as per the condition no. (ii) aforesaid, the police would be at liberty to arrest the applicant forthwith and produce him before the Juvenile Justice Board concerned as per Section 10 of the J. J. Act, 2015. Order Date :- 12.3.2021 Rohit