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(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:

(c) APPEAL NO. 4467 OF 2019 (Raju Alias Raj Kumar) Present appeal has been filed against the bail rejection order dated 21.06.2019 whereby Special Judge, POCSO Act has rejected the bail application of the appellant bearing No. 1735/2019 arising out of Case Crime No. 313/2018 U/s 147, 302, 201, 34 I.P.C. Police Station Shergarh, District Mathura. The FIR came into existence by one Shri Makhan, who lodged the present FIR on 23.09.2018 for the incident said to have taken place on 18.09.2018 naming as many as 7 persons including the appellant. Contended by the counsel that the case hinges upon last scene and circumstantial evidence.

The delinquent Aquil claimed juvenility and in the report of Juvenile Justice Board, Budaun annexed as Annexure No.1 to the affidavit dated 9.1.18, the board has determined his age on the date of incident as 16 years, 3 months and 8 days (less than 18 years) and was declared as Juvenile. Not only this, in the assessment report, the board hold that the juvenile understands the repercussions of his action and is quite intelligent, and thus remitted the matter to Children Court as per the mandate of law as per Section 18(3) of Juvenile Justice Act. It is also borne out from the bail rejection itself that as per the report of C.M.O. Budaun, the age of prosecutrix is barely 13 years and all the named 3 accused persons have physically assaulted her and thereafter ravished her. The bail application was moved and was rejected by Special Judge, POCSO Act, Budaun. Hence the appeal U/s 101(5) of Juvenile Justice Act, before this Court.