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Judgment
Girish Kathpalia, J
The accused/applicant seeks anticipatory bail in case FIR No. 48/2025 of PS Mayur Vihar-I for offence under Section 78 of the Juvenile Justice (Care and Protection of Children) Act.
Broadly speaking, allegation against the accused/applicant is that he was found using a child for transportation 450 quarters of illicit liquor.
On behalf of accused/applicant, it is contended by learned counsel that FIR No. 419/2024 already stands registered by PS Mayur Vihar-I against the accused/applicant pertaining to the alleged recovery of the illicit liquor, so the present FIR No. 48/2025 is not sustainable. Learned counsel for accused/applicant submits that the accused/applicant is ready to join investigation, if granted protection.
On the other hand, learned APP assisted by IO/SI Vishvendra strongly opposes the anticipatory bail application on the ground of seriousness of the offence as well as antecedents of the accused/applicant, stated to be involved in another case bearing FIR No. 24/2025 of PS Mayur Vihar for offence under Section 285 BNS. Learned prosecutor explains that after registration of FIR No. 419/2024 for offence under Section 33 Delhi Excise Act, when the juvenile in conflict with law was produced before the Juvenile Justice Board, the Board directed registration of the current FIR mainly for the reason that the juvenile in conflict with law could not be the accused as well as the victim in the same FIR. Learned prosecutor submits that custodial interrogation of the accused/applicant is required to unearth more such acts of exploitation of children in criminal activities.
Over a period of time, it is being observed that criminals use children to commit wide ranging crimes, involving not just liquor and drugs peddling but also arms/ammunitions and even acts of extreme violence, which is leading the society to consider re-fixing the age of juvenility. In my view, far more serious than the illicit liquor trafficking is the child abuse in carrying out such crimes.
Apart from the gravity of the offence, it is also the requirement of police to carry out custodial interrogation of the accused/applicant, which is significant. It is necessary to unearth if there was/is any other incident of similar nature involving the accused/applicant and any child. It also needs to be unearthed if there is a wide network engaged in similar activities using children.
Therefore, I do not find it a fit case to grant anticipatory bail to the accused/applicant. The anticipatory bail application is dismissed.