Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52365 of 2021 Applicant :- Suheb Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heared Mr. Rama Shankar Mishra, learned counsel for applicant and learned A.G.A. for State.
Supplementary affidavit filed by learned counsel for applicant in Court today is taken on record.
This application for bail has been filed by applicant Suheb seeking his enlargement on bail in Case Crime No. 240 of 2021, under sections 363, 366, 376 IPC and 3/4 POCSO Act, Police Station-Kakore, District Bulandshahar, during pendency of trial.
At the very outset, learned counsel for applicant submits that applicant himself is juvenile, as according to High School Certificate his death of birth is 1.3.2004. Alleged occurrence took place on 19.5.2021. As such, he is aged about 17 years and four months on the date of occurrence.
In view of above, Court below had no jurisdiction to entertain bail application of applicant by virtue of the provisions contained in Juvenile Justice (Care and Protection of Children) Act, 2015. Consequently, order dated 29.6.2021, passed by Court below is without jurisdiction.
At this juncture, learned counsel for applicant prays that present application be dismissed as not pressed with liberty to applicant to approach Juvenile Justice Board.
Learned A.G.A. has no objection to the same.
Accordingly, the bail application is dismissed as not pressed with liberty aforesaid.
Order Date :- 21.12.2021 Arshad