JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Heard learned counsel for the appellant and learned A.G.A.

2. Admit.

3. Learned A.G.A. has accepted notice on behalf of State of U.P. He does not propose to file any counter affidavit in the matter.

4. This criminal appeal has been preferred against the impugned judgment and order dated 02.04.2019, passed by Additional District and Sessions Judge, Court No. 12/Special Judge (P.O.C.S.O. Act), Bulandshahr, in Criminal Misc. Bail Application No. 842 of 2019, arising out of Case Crime No. 1194 of 2018, under Sections 302, 504, 506 I.P.C. and Section 3(2)(5) of the S.C./S.T. Act, Police Station Khurja Nagar, District Bulandshahr, whereby the bail application of the juvenile Shivam has been rejected.

5. As per first information report, the juvenile Shivam along with other co-accused persons came with lathi, danda and iron rod and started beating the Banti, due to which Banti has sustained serious injuries on his person. It appears that subsequently, during the course of treatment, the said Banti expired and thereafter, the case was modified under Section 302 I.P.C.

6. The appellant has challenged the impugned order submitting that he is juvenile. He is