JUDGMENT

The judgement is being structured in the following conceptual framework to facilitate the discussion:

I. Introduction

II. Submissions of learned counsels

III. Defining the controversy and its origins

IV. Rights of an accused in a bail application

V. Child rights jurisprudence: authorities and principles

VI. Relevant provisions from POCSO Act read with POCSO Rules:

A. Right of victim to receive notice of the bail application and mode of service

B. Applicability of Section 439(IA) Cr.P.C.

C. Case Laws: Discussion

D. Enforcement of rights of the child under POCSO Act r/w POCSO Rules

E. Protecting the identity of the child

VII. Timeline and procedure for maturation of bail application

VIII. Monitoring and implementation of the directions in the judgement

IX. Order on bail application

X. Appendix

I. Introduction:

2. While arguing the bail application Sri Mohd. Mustafa, learned counsel for the applicant submitted at length that the question of service of notice upon the victim raises legal issues of public importance. Considering the general importance of