LAWS(ALL)-2021-9-50

YOGESH Vs. STATE OF U.P.

Decided On September 24, 2021
YOGESH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The seminal question which is before the Court at this stage of the proceedings is as to whether in a revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 [JJ Act], in a matter relating to consideration of bail to a 'child in conflict with law', the complainant/victim is to be afforded an opportunity of being heard.

(2.) The present criminal revision has been filed against the order dated 24.06.2021 passed by the Additional Sessions Judge/Special Judge POCSO Act, Mathura in Juvenile Criminal Appeal No. 39 of 2021 (Yogesh V. State of U.P. and Ors.) under Section 101 of the JJ Act, arising out of order dated 24.05.2021 passed by Incharge Principal Magistrate, Juvenile Justice Board in Case No. 77 of 2020, arising out of Crime No. 568 of 2020, under Sections 147, 148, 149, 323, 342, 302/34 of the India Penal Code [Penal Code] at Police Station -Vrindavan, District-Mathura.

(3.) Heard Shri Saurabh Pandey, appearing along with Shri Suresh Chandra Pandey, learned counsel for the revisionist and Shri Vinod Kant, learned Additional Advocate General assisted by Shri Pankaj Saxena, learned Additional Government Advocate-I for the State-Opposite party.