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HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ajay Bhanot,J.
Rekha – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Ajay Bhanot, J.
1. The judgement is being structured in the following conceptual framework to facilitate the discussion:
| I | Introduction | ||
| II | Submissions of learned counsels for the parties | ||
| III | Legal issues arising in this case & Bail Jurisdiction | ||
| IV | Children: | ||
| A | General | ||
| B | Constitution and Children | ||
| C | Education and Holistic Development of Children | ||
| D | International Instruments | ||
| V | Children in Jail : Invisible trial and caged childhood — A Study | ||
| VI | Statutory Framework: | A | Juvenile Justice (Care & Protection of Children) Act, 20151 |
| B | The Right of Children to Free and Compulsory Education Act, 2009[ hereinafter referred to as Right to Education Act, 2009] | ||
| C | UP Jail Manual, 2022 | ||
| D | The Model Prison Manual, 2016 | ||
| E | Legal Services Authorities Act, 1987 | ||
| F | Constitutional law discourse : Case Laws | ||
| VII | A | Child Protection System: Duties of stakeholders & Directions | |
| B | Training of stakeholders | ||
| C | Response of the State Government and achieving concert between different departments | ||
| VIII | Implementation of Law and Role of Courts : Junaid Vs.State of U.P., 2021 (6) ADJ 511 and Rajendra Prasad Vs. State of U.P., Criminal Misc. Bail Application No. 30292 of 2024 | ||
| IX | Order in Bail Application | ||
| A | Merits of bail and directions to expedite trial | ||
| B | Directions to c | ||
The court established that the rights of children residing with incarcerated parents must be prioritized, mandating educational and developmental support systems to mitigate the adverse effects of im....
Point of law: The POCSO Act, 2012 read with POCSO Rules, 2020 is a special legislation. It is open to the High Court on the administrative side to consider the feasibility of creating specific rules ....
(1) Persons nominated in Section 439(IA), Cr.P.C. may not be obligated to attend but are certainly entitled to be present at hearing of bail application in POCSO Act, 2012 offences – Notice to victim....
(1) Statement recorded under Section 164 of Cr.P.C. made in the course of investigation by the victim child, cannot be considered as evidence recorded under Section 35 of POCSO Act.(2) If there is a ....
The court affirmed that while the victim must be informed of bail proceedings under the POCSO Act, they are not required to be included as a party to such applications, promoting their rights to repr....
The main legal point established in the judgment is the entitlement of the child to legal representation, participation in proceedings, and the mandatory presence of the informant or authorized perso....
A victim has the right to be heard in bail proceedings, especially in serious offences, as mandated by the Protection of Children from Sexual Offences Act and corresponding rules.
Point of law: POCSO Act – To appoint competent Special Public Prosecutors exclusively attached to the Special Courts dealing with matters under the POCSO Act, so that the time-frame under Section 35 ....
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