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HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ajay Bhanot,J.
Rekha – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. arguments for and against the applicant's bail. (Para 2 , 3) |
| 2. court's observations on the impact of bail denial on children. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. constitutional provisions and rights of children. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. international instruments supporting children's rights. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. statutory frameworks governing children's rights. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 6. judicial precedents emphasizing child welfare. (Para 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 7. duties of stakeholders in protecting children's rights. (Para 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60) |
| 8. implementation of child welfare programs. (Para 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70) |
| 9. need for inter-departmental cooperation. (Para 71 , 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80) |
| 10. court's role in upholding child rights. (Para 81 , 82 , 83 , 84 , 85 , 86 , 87 , 88 , 89) |
| 11. final order regarding bail and child care plan. (Para 90 , 91 , 92 , 93 , 94 , 95 , 96 , 97 , 98 , 99 , 100 , 101 , 102 , 103 , 104 , 105 , 106 , 107 , 108 , 109 , 110 , 111 , 112 , 11 |
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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