Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13090 of 2018 Applicant :- Rahish Opposite Party :- State Of U.P.
Counsel for Applicant :- Zia Naz Zaidi,Brijesh Sahai Counsel for Opposite Party :- G.A.,Sanjay Singh
Hon'ble Rahul Chaturvedi,J.
Heard Sri V.C. Mishra, learned Senior Counsel assisted by Sri V.P. Dwivedi, learned counsel for the applicant as well as learned A.G.A. for the State at length and perused the record. This is the second bail application. The first bail application of the applicant was rejected by this Court on 05.03.2018 By means of this application, the applicant who is involved in case crime no.189 of 2016, under Section 302 IPC, Police Station-Etmaddaula, District-Agra, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has drawn the attention of the Court to Annexure No.9 i.e. Admit card of High School Examination of the applicant which shows that his date of birth 14/07/1998. As per Sri Mishra, on the date of incident, the applicant was minor.
Without making any comment on the minority or juvenility, the applicant, if so advised, may invoke the benefit of beneficial legislation of Juvenile Justice (Care and Protection of Children) Act, 2000.
If any such application is made before competent jurisdiction, the same shall be decided strictly in accordance with law, unaffected by any observation made in this order.
With the aforesaid observations, the present bail application is rejected.
Order Date :- 29.11.2018 Sumit S