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2021 Supreme(All) 616

AJAY BHANOT
Junaid – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mohammad Mustafa
For the Respondent: Maya Pati Pandey

JUDGMENT :

1. The judgment is being structured in the following conceptual framework to facilitate the discussion:

1.

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 judgment

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

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