VINEET KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Vineet Kumar the revisionist is aggrieved by the two orders of even date 19-12-2003 passed by II Additional Sessions Judge, (Court No. 5) Bijnor in Criminal Misc. Application No. 8 of 2003 State v. Amit Kumar, declaring the accused respondent No. 2 Amit Kumar to be a juvenile under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2000 and granting him bail in S. T. No. 337 of 2002 u/Ss. 302, 34, 504, 506, IPC, P. S. Kotwali, Dehat district Bijnor vide his Bail Application No. 1421 of 2003, Amit Kumar v. State, for the said offences.

(2.) Prelude to the whole proceedings lies in a FIR (Annexure No. 1) lodged by the revisonist Vineet Kumar on 4-4-2002 at 11.15 a.m. in respect of the murder of his brother Vinay Kumar alias Neetu, by spade on the same day at about 9.30 a.m. by accused Amit Kumar respondent No. 2 along with Brijesh and Baljor as his socio criminises. The FIR of the revisionist was registered as Crime No. 116 of 2002 u/Ss. 302/504/506, IPC at P. S. Kotwali Dehat, district Bijnor. Amit Kumar respondent No. 2 was arrested and put in jail. To seek his release he moved his bail application before the Sessions Judge, Bijnor but the same was rejected on 19-7-2002. He then approached this Court vide bail application notice No. 14636/02 Amit v. State of U. P. on 26-7-2002. It is relevant to point out that no ground of being juvenile was taken in the aforesaid bail application. It further transpires that the respondent accused failed to obtain bail from this Court as well through the aforesaid notice of bail application.

(3.) After a gap of one year and four months, when the case of respondent accused was committed to the Court of Sessions for trial as S. T. No. 337/02 State v. Amit and others then the respondent accused moved an application on 6-8-2003 that he was a juvenile on the date of the murder and, therefore, he should be declared as such and be treated in accordance with Juvenile Justice (Care and Protection of Children) Act, 2000, hereinafter referred to as Act. He also sought his release from jail on the said ground by filing a bail application. Application for declaration of juvenile is Annexure No. 2 to the affidavit filed in support of this revision. Along with the said application he had filed the photocopy of the Scholar Register and transfer certificate form of Raja Jwala Prasad Arya Inter College, Bijnor in which his date of birth was mentioned as 10-8-1985. It was also mentioned in the said transfer certificate that the last institution attended by the scholar was Sri Krishna Uchch Prathamik School, Dwarikapuri, district Bijnor.