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