Shri Kant Tripathi, J. - (1.) HEARD the learned counsel for the applicant, the learned AGA and perused the record.
(2.) THIS bail application has been filed by the applicant Km. Jyoti in the case crime no. 1454/2009 under sections 302 and 201 IPC, police station Kotwali district Mainpuri. It is a case of murder of a small child of two years. Her dead body was found in a Tin container on the third floor of the house of the applicant near the door of stairs. The dead body was found in burnt condition. It is alleged that the applicant and her mother killed the deceased and had kept the dead body on the top floor of their house for disposing of the same. The learned counsel for the applicant submitted that a possibility can not be ruled out that dead body was kept on the third floor of the house of the applicant from the houses situating adjacent to the house of the applicant. It was further submitted that the applicant is a minor aged about only fifteen years.
(3.) THE learned AGA, on the other hand, submitted that towards north side of the applicant's house the house of Pramod Kumar situates, but that house has only two floors where as the applicant's house has three floors. THEre is no other house adjacent towards west, east and south of the applicant's house. The learned counsel for the applicant, in reply, submitted that the applicant being a minor girl of 15 years was a juvenile and as such is entitled to bail on this ground. In this connection, it may be mentioned that the applicant has not claimed the bail under the Juvenile Justice (Care and protection of children) Act, 2000. It is, therefore, made clear that if the applicant intends to claim herself as a juvenile, she may move appropriate application before the Juvenile Justice Board for declaring her as juvenile. The learned Juvenile Justice Board is expected to consider such application and pass appropriate order in accordance with law. In case the applicant is found as a juvenile, she will be free to move a bail application under section 12 of the aforesaid Act before the Juvenile Justice Board, who will dispose of the same in accordance with law, without attaching any significance to this bail order.;