The present application under Section 439 of the Code of Criminal Procedure, 1973 (for short the Code) has been filed by the appli cant, who is a minor (aged less than 16 years), and incarcerated in jail for an offence under Section 307/326, I. P. C. , P. S. Baraia, District Ballia.

2. The factual matrix of the prosecution case is that on 28th February, 1989, at about 6 p. m. one Shyam Nath Chowdhry was sitting at the house of Goverdhan Misra in village Jageva, when Jawahar Lal and Hare Ram Chow dhry (the present applicant) arrived there, the former is alleged to have caught hold of Shyam Nath Chowdhry, while latter (the applicant) is alleged to have caused injury to Shyam Nath with a DAB. The true copies of F. I. R. and injury report are Annexure-A and Annexure-B respectively to the affidavit accompanying the application with the prayer for bail.

3. Sri G. P. Dixit, learned counsel for the applicant urged that the applicant was born on 16-7-73 and the entries in the High School Certificate and Scholars Register indicate that he was less than sixteen years of age. The occurrence took place on 28-2-89, to be exact, his age on the date of occurrence was 15 years 7 mont