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(2023) Law Today Live Doc. Id. 17432
Decided on: 04.01.2023
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. 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.
Constitution of India, Article 136 -- Indian Penal Code, 1860 (45 of 1860), Section 147, 148, 149, 302, 307, 396, 332, 333, 412, 353, 504, 506, 34, 120-B -- Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 18 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Unlawful assembly – Murder – Dacoity – Regular bail – Petitioner was a minor, being tried as an adult, she had been married shortly prior to the incident – High Court denied bail, based on the circumstance that as many as eight police officers who had gone to arrest one person were killed in the act of firing by the co-accused -- Charge-sheet submitted, trial has commenced – Held, continued custody of the petitioner at this stage would not sub-serve the ends of justice – Petitioner ordered to be released on bail subject to such terms and conditions.
(Para 1-7)
ORDER
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.
Petition allowed.
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