Criminal Procedure Code, 1973 (2 of 1974), Section 438 - Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 10, 12 - Anticipatory bail by minor –
Maintainability of – If this special enactment is silent as regard a particular provision then that has to be read with the general law i.e. Criminal Procedure Code
an inference can certainly be not drawn that the legislature intended to debar a juvenile from seeking relief of pre-arrest bail - The Act provides that children below age of 18 years coming
within definition of juvenile be treated with kindness and compassion even if they are found in conflict with law - It could certainly be not intention of the legislature that such juvenile
should be first apprehended and then produce before Juvenile Justice Board, in the process denying relief to a juvenile, which is available to the other persons, who are accused of heinous
offences - Petition maintainable.
Juvenile Justice (Care and Protection of Children) Act, 2015 is a piece of social welfare legislation, which was enacted to take care of welfare of the children and to avoid their turning into
hardened criminals. The basic purpose of this legislation was to ensure that a child under age of 18 some time coming in conflict with law by committing an offence is to be tried in a manner and
under such environment, which may take him to the path of reformation rather than allowing such children to mix up with criminals in the jail and themselves turning into hardened criminals. This
is exactly the purpose of putting the juvenile in conflict with law, in the separate observation homes rather than in normal jail. Even if a juvenile in conflict with law is found to have
committed some offence, then instead of awarding deterrent punishment, his rehabilitation and social integration is sought.
Court in the judgment Km. Hema Mishra Versus State of U.P. And others, 2014(1) CCR 385has observed that in State of U.P., there is no provision in the Cr.P.C. for grant of
anticipatory bail but even then High Court has power to grant anticipatory bail in writ jurisdiction in appropriate cases. 2020
SCeJ 1139 (P&H)