RADHIKA Vs. STATE OF U. P.
LAWS(ALL)-2019-8-63
HIGH COURT OF ALLAHABAD
Decided on August 05,2019

RADHIKA Appellant
VERSUS
STATE OF U. P. Respondents


Cited Judgements :-

VICKY VS. STATE OF U. T., CHANDIGARH [LAWS(P&H)-2020-8-34] [REFERRED TO]


JUDGEMENT

Rahul Chaturvedi, J. - (1.)Heard Sri Dharmendra Singhal, learned Senior Counsel, S/Sri Sanjay Chaturvedi, Amit Mishra, Gaurav Tripathi, Pankaj Satsangi, B.P. Verma, Ramji Saxena and Kamal Kishor Mishra, learned counsel for the appellants in all the connected matters and Sri Satendra Kumar, Phool Chand and Faraz Kazmi, learned counsel for the State at length.
(2.)Questions of law recurring in all the aforesaid appeals are as under:-
(i)As to whether the aforesaid appeals filed under Section 101(5) of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as 'Act') is an appropriate remedy for the appellants after getting their respective bail applications rejected by Children Court/Special Sessions Judge POCSO Act ?

(ii)Ancillary to the aforementioned prime question, the court is also posed with yet another serious legal question that while deciding the application of a juvenile between the age group of 16-18 years, the seriousness, gravity of the offence and their respective role in commission of crime, would also be a determinable factor while releasing them on the proceedings opted by them ?

(3.)Since the malady of all these appeals arose out the fact that the concerned learned Additional Session Judge (POCSO Act) has rejected the bail applications of the concerned juveniles. Therefore, aggrieved by those bail rejection orders, all the delinquent juveniles/appellants have filed their respective appeals before this Court in exercise of power U/s 101(5) of the Act, which reads thus:
"101(5) - Any person aggrieved by an order of the Children's Court may file an appeal before the High Court in accordance with the procedure specified in the Code of Criminal Procedure, 1973 (2 of 1974)."



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