Raghuraj Vs. State of Rajasthan

criminal procedure code - section 438--anticipatory bail--no injury caused--accused impleaded to put extra pressure--held, accused be released on bail in event of arrest;application allowed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - five thousand only) with one surety in the like amount to his satisfaction, undertaking to appear before him for interrogation/investigation as and when called upon to do so and further undertaking not to tamper with any of such persons who are conversant with the facts of the case......has been given as 372, basant vihar, alwar. at any rate it can be said that both sinha nursing home and mohit pathology laboratory are situated in the same building. it appears that the medical certificate has been given by dr. agarwal who is consulting physician in sinha nursing home as appears from the medical certificate given by him and from the names of the doctors appears in the letter head of the sinha nursing home. mr. balwada contends that to put extra pressure the accused petitioner has been implicated though no injury had been caused by him to injured gorkhilal. it may or may not be true but taking into consideration the facts and circumstances of the case i here by allow this application and direct that in the event of arrest of the accused petitioner raghuraj f.i.r. no. 559/89 p.s. kotwali, alwar, the sho/io shall release the accused petitioner on bail on his furnishing a personal bond in the sum of rs. 5,000/- (rs. five thousand only) with one surety in the like amount to his satisfaction, undertaking to appear before him for interrogation/investigation as and when called upon to do so and further undertaking not to tamper with any of such persons who are conversant with the facts of the case.