In a landmark decision, the Gujarat High Court ruled that a minor is entitled to anticipatory bail and can apply for it immediately in court.
Justice A Y Kogje granted anticipatory bail to a 17-year-old who was afraid of being arrested by Sanand police for rioting and gambling. The anticipatory bail plea for the preservation of a juvenile's liberty is maintainable, according to the Court.
“An individual's personal liberty is at the highest pedestal, and a juvenile's personal liberty cannot be deemed to be anything lower,” the court said. The right to legal redress is similarly vital for an individual, and it must be so for a juvenile, if not with greater vigour.”
The 17-year-old filed an anticipatory bail application at the Mirzapur rural court after a few people were detained and later bailed out in connection with an FIR lodged by Sanand police. The lower court denied the bail application, stating that it was not maintainable and citing a Madhya Pradesh High Court judgment.