SLPR 6713/2021
1 ITEM NO.5 COURT NO.1 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No.6713/2021
(Arising out of impugned final judgment and order dated 16-07-2021 in CRLR No.113/2021 passed by the High Court of Judicature at Allahabad)
KHUSHI (MINOR) Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH Respondent(s)
(With IA No.113409/2021 – APPLICATION FOR PERMISSION, IA No.116079/2021 – APPLICATION FOR PERMISSION, IA No.111539/2021 – EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No.113417/2021 – EXEMPTION FROM FILING O.T., IA No.111540/2021 – EXEMPTION FROM FILING O.T. and IA No.116084/2021 – EXEMPTION FROM FILING O.T.)
Date : 04-01-2023 These matters were called on for hearing today.
CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE S. ABDUL NAZEER
HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
For Petitioner(s) Mr. Vivek K. Tankha, Sr. Adv.
Mr. Sumeer Sodhi, AOR
Mr. Varun Tankha, Adv.
Mr. Shiva Kant Dixit, Adv.
Mr. Gaurav Arora, Adv.
For Respondent(s) Mr. S.V. Raju, ASG
Ms. Garima Prashad, Sr. Adv., AAG
Ms. Ruchira Goel, AOR
Mr. Ravi Sehgal, Adv.
SLPR 6713/2021
2 Mr. Sidharth Luthra, Sr. Adv.
Mr. Abhishek Vikram, AOR
Ms. Gayatri Virmani, Adv.
Mr. Anmol Kheta, Adv.
Ms. Chestha Jetly, Adv
Mr. Satish Tamta, Sr. Adv.
Ms. Rashmi Nandakumar, AOR
Mr. Shariq Iqbal, Adv.
UPON hearing the counsel the Court made the following
O R D E R
1 The petitioner sought regular bail in the proceedings arising out of FIR No 192 registered on 3 July 2020 at Police Station Chaubeypur, District Kanpur Nagar. The FIR has been lodged for offences allegedly punishable under Sections 147, 148, 149, 302, 307, 396, 332, 333, 412, 353, 504, 506, 34 and 120B of the Indian Penal Code. The husband of the petitioner was named as accused No 14 in the FIR.
2 Admittedly, the petitioner was a minor on the date of the incident. In pursuance of the provisions of Section 18 of the Juvenile Justice (Care and Protection of Children) Act 2015, she is being tried as an adult. She had been married shortly prior to the incident
3 The High Court has denied bail, based on the circumstance that as many as eight police officers who had gone to arrest one Vikas Dubey were killed in the act of firing by the co-accused.
4 The charge-sheet has been submitted. The trial has commenced.
5 Having regard to the above facts and circumstances, we are of the view that the continued custody of the petitioner at this stage would not sub-serve the ends of justice.
6 We accordingly direct that the petitioner be released on bail subject to such terms and conditions as may be imposed by the Sessions Court in connection with Sessions Trial No 1646 of 2022.
7 The Sessions Court shall ensure that one of the conditions to be imposed for the grant of bail is that the petitioner shall appear at least once every week before the SHO of the police station concerned and shall cooperate in the trial.
8 The Special Leave Petition is disposed of.
9 Pending applications, if any, stand disposed of.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Assistant Registrar