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2024 Supreme(All) 893

AJAY BHANOT
Anurudh – Appellant
Versus
State Of UP – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Fakhr uz Zaman
For the Opposite Party : G.A.

JUDGMENT :

Hon'ble Ajay Bhanot, J.

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

I

Introduction

II

Bail Jurisdiction : Scope

III

Facts

IV

Submissions of learned counsels

V

Age of victim: Section 164-A of Cr.P.C., Section 27 of POCSO Act, Judgements in Monish Vs. State of U.P. and others; Aman @ Vansh v. State of U.P. and 3 others; Atul Mishra v. State of U.P. and 3 others.

VI

Judgement in Pradeep Kumar Chauhan and another v. State of U.P. and 3 others: Non

 

applicability to police investigations into POCSO Act offences

VII

Conclusions & Directions

VIII

Order on Bail Application

IX

Post Script and Directions

X

Appendix

I. Introduction:

2. The question of law which arises for consideration in this bail application is the nature of the legal duty cast on the police to draw up a medical report determining the age of a victim while investigating POCSO Act offences. The jurisdiction of this Court to determine this question will predicate the discussion on the merits of th

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