[2025:RJ-JP:1436] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10431/2024 Sahib Khan S/o Taiyyab Khan, Aged About 16 Years, R/o Village Naswari, Police Station Govindgarh, District Alwar, Minor Represented Through Her Mother Maksudan ----Petitioner Versus State Of Rajasthan, Through The PP ----Respondent For Petitioner(s) : Mr. Nonit Hatila for Mr. Ashvin Garg For Respondent(s) : Mr. Amit Kumar Gupta, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/01/2025 1. This instant pre-arrest bail application has been filed under Section 482 of BNSS (Section 438 of Cr.PC) filed on behalf of the petitioner, who is having apprehension of his arrest in connection with F.I.R. No.236/2024 registered at Police Station Govindgarh(Alwar), District Alwar for offence under Section 319(2), 318(4), 316(2), 336(2) & 61(2)(a) of BNS. 2. Learned counsel for the petitioner submits that accused- petitioner who is aged about 16 years, has falsely been implicated in this case. Counsel submits that the petitioner has not committed any offence and he has been entangled in this case only on the basis of interrogation of the accused Taiyyab Khan, who is the father of the petitioner, arrested from the spot. He submits that the accused Taiyyab Khan has been granted bail by the Court below. The petitioner does not have any criminal [2025:RJ-JP:1436] (2 of 3) [CRLMB-10431/2024] antecedents and if the petitioner/child in conflict with law (CICL) is arrested in this case, he would come in contact with the criminals which would not be in his interest in any case. 3. Per contra, learned Public Prosecutor opposes the submissions made by the petitioner’s counsel. He submits that instant pre-arrest bail application under Section 482 of BNSS (Section 438 of Cr.PC) is not maintainable as the same has been filed by the petitioner who is minor. 4. At this stage, learned counsel for the petitioner submits that a child and a child in conflict with law as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015 can file an application under Section 438 of Cr.PC (Section 482 of BNSS). He places reliance on the judgement dated 15.07.2022 passed in Anticipatory Bail Application No.277/2022 by Hon’ble Bombay High Court, Bench at Aurangabad wherein the Hon’ble Division Bench of Bombay High Court has answered the reference that a CICL can file an application under Section 438 of Cr.PC. 5. Having heard and considering the arguments advanced in Bar and considering the overall facts and circumstances of the case, as also the fact that the accused Taiyyab Khan, has been enlarged on bail by court below; the petitioner has been involved in this case on the basis of the information of co-accused Taiyyab and he is ready to join investigation as also looking to the ratio laid down by Hon’ble Bombay High Court, Bench at Aurangabad, I deem it appropriate to allow this anticipatory bail application. 6. The anticipatory bail application is allowed. 6. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Govindgarh (Alwar), District Alwar in F.I.R. No.236/2024 is directed that in the event of [2025:RJ-JP:1436] (3 of 3) [CRLMB-10431/2024] arrest of the petitioner- Sahib Khan S/o Taiyyab Khan, shall be released on bail provided mother of the petitioner through whom this anticipatory bail been filed, she furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the mother of the petitioner will produce her son available for interrogation by a police officer as and when required; (ii) that the mother of the petitioner will ensure that petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that petitioner will not repeat such offence, and (iv) that the petitioner shall not leave India without previous permission of the court. (ANIL KUMAR UPMAN),J LALIT MOHAN /379