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2019 Supreme(All) 946

RAHUL CHATURVEDI
Radhika – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
Gaurav Tripathi, Adv., Anurag Vajpeyi, Adv., Amit Mishra, Adv., Ram Jee Saxena, Adv., Raghuvansh Chandra, Adv., Bhanu Prakash Verma, Adv., Pankaj Satsangi, Adv., Kamal Kishor Mishra, Adv., Sanjay Chaturvedi, Adv., Dharmendra Singhal, Adv., Shivendra Raj Singhal, Adv., Kameshwar Singh, Adv., Nilam Shukla, Adv., Vimlendu Tripathi, Adv.

JUDGMENT :

Rahul Chaturvedi, J.

Heard Sri Dharmendra Singhal, learned Senior Counsel, S/Sri Sanjay Chaturvedi, Amit Mishra, Gaurav Tripathi, Pankaj Satsangi, B.P. Verma, Ramji Saxena and Kamal Kishor Mishra, learned counsel for the appellants in all the connected matters and Sri Satendra Kumar, Phool Chand and Faraz Kazmi, learned counsel for the State at length.

2. Questions of law recurring in all the aforesaid appeals are as under:-

(i) As to whether the aforesaid appeals filed under Section 101(5) of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'Act') is an appropriate remedy for the appellants after getting their respective bail applications rejected by Children Court/Special Sessions Judge POCSO Act ?

(ii) Ancillary to the aforementioned prime question, the court is also posed with yet another serious legal question that while deciding the application of a juvenile between the age group of 16-18 years, the seriousness, gravity of the offence and their respective role in commission of crime, would also be a determinable factor while releasing them on the proceedings opted by them ?

3. Since the malady of all these appeals arose out the fac

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