A.F.R.

Neutral Citation No. - 2025:AHC:9210 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25993 of 2024 Applicant :- Smt. Rekha Opposite Party :- State of U.P.

Counsel for Applicant :- Rahul Upadhyay Counsel for Opposite Party :- G.A.,R.P.S. Chauhan Hon'ble Ajay Bhanot,J.

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

1 hereinafter referred to as JJ Act

2 hereinafter referred to as Right to Education Act, 2009

2. Rights of children who get confined to jail with their parents consequent to rejection of bail of the latter arise for consideration in this case (apart from other grounds for bail).

II. Submissions of learned counsels for the parties

3. Shri Rahul Upadhyay, learned counsel for the applicant made the following submissions:

i. The applicant’s daughter who is 5 years of age is residing with her in prison after her incarceration. The rights of the applicant’s child flowing from Article 21-A of the Constitution of India read with other beneficial legislations are being violated on account of her confinement in prison.

3 2021 (6) ADJ 511

4 Criminal Misc. Bail Application No. 30292 of 2024 ii. The prison does not have requisite support systems to ensure the holistic growth of the minor child as contemplated in the aforesaid provisions of law.

iii. In view of the above the jail stay will cast a shadow on the child’s life and mar her future.

iv. The applicant is entitled to bail on this ground alone.

Submissions on behalf of State

4. Shri Ashok Mehta, learned Additional Advocate General assisted by Shri Paritosh Kumar Malviya, learned AGA-I made the following submissions:

I. The State Government have an unconditional commitment to provide a congenial environment and build adequate support systems as contemplated under the Constitution and in various beneficial legislations for children who reside in jail consequent to imprisonment of their⁵ parent.

II. The State Government shall make all endeavours to realize the fundamental rights of the said class of children as enunciated in holdings of constitutional courts and the rights vested by applicable statutory enactments.

III. The State are conscious of the fact that all children including those who are residing in jail with their parents need to be nurtured into dutiful citizens of the country.

IV. Referencing the affidavit filed on behalf of the State it is contended that the State Government will create the proper infrastructure, activate statutory support systems and provide all facilities to children as directed earlier by this Court by

5 their” is being used as a gender inclusive Pronoun in place of