PRINCE KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. The revisionist moved an application for bail before the Special Judge (N. D. P. S. Act), Ghazipur which have been rejected. The application was pressed mainly on the ground that the revisionist is a juvenile. Aggrieved by the order of rejection of bail, the present revision has been preferred.

(2.) I have heard Sri Abhai Saxena, learned Counsel for the revisionist and the learned AGA, regarding the main tainability of the revision.

(3.) THE revisionist has misjoined the two issues that he is juvenile and whether he is entitled to bail as juvenile. Unless he is declared as juvenile, the bail can not be granted in this revision. THE revisionist may move proper application for bail under Section 439, Cr PC before this Court. THE revision against the order rejecting the application for bail is not maintainable as has been held in the case of Bhola v. State, 1997 Cr LJ 718, and another cases.