Supreme Court - Daily Orders
Meenakshi Kumari vs State Of Uttar Pradesh Through Its ... on 16 September, 2015
Bench: J. Chelameswar, Abhay Manohar Sapre
OUT TODAY
ITEM NO.5 COURT NO.6 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Criminal) No(s). 143/2015
MEENAKSHI KUMARI Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH & ORS. Respondent(s)
(With appln(s) for directions, exemption from filing O.T. and
office report)
Date : 16/09/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
For Petitioner(s) Ms. Rebecca John, Sr. Adv.
Mr. Rahul Tyagi, Adv.
Mr. Vivek Singh,Adv.
For Respondent(s)
State of UP Mr. Gaurav Bhatia, AAG
Mr. Abhisth Kumar, Adv.
Mr. Som Raj Choudhury, Adv.
Mr. Vaibhav Yadav, Adv.
Ms. Archana Singh, Adv.
R4 Mr. Atul Guleria, Adv.
Mr. Karan Grover, Adv.
Ms. Kamakshi S. Mehlwal,Adv.
R9 Dr. Abhishek Atrey, Adv.
Mr. Sallakumar, Adv.
R8(CBI) Mr. Rajiv Nanda, Adv.
Mr. Kumar Parimal, Adv.
Mr. B. V. Balaram Das,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified Digitally signed by Deepak Mansukhani Date: 2015.09.16 22:22:56 IST Pursuant to the order dated 15th September, 2015, the Reason:
petitioner's brother Ravi, s/o Dharampal Singh is produced before this Court. He is in judicial custody in connection -2- with Case Crime No. 253 of 2015 registered at P.S. Khekra, District Bhagpat under Section 8/15 of the NDPS Act since 28th May, 2015. It appears from the submission made by the petitioner that the above-mentioned Ravi has been granted bail on 25th June, 2015 by the Additional Sessions Judge, Fast Track Court for Atrocities Against Women, Bhagpat. He is still in jail because he has not been able to get any sureties to secure the bail for him.
According to the learned counsel for the petitioner, nobody is coming forward to bail Ravi because of fear of reprisal. We interacted with him in camera.
Looking at the circumstances of the case, we deem it appropriate to direct that the above-mentioned Ravi be enlarged on bail on a personal bond in a sum of Rs. 50,000/- along with a bond from his elder brother Sumit, who is in the service of the Delhi police, for the like sum, to the satisfaction of the Registrar of this Court. Certified copies of the same shall be forwarded to the trial Court and the trial Court will pass necessary consequential orders for the release of Ravi.
We direct the State of UP to produce the case diaries pertaining to the two cases registered against above-mentioned Ravi and the members of his family, i.e. Case Crime No. 253 of 2015 and Case Crime No. 407 of 2015 under Section 376(2g), 342, 506 IPC before PS Khekra, District Bhagpat on the next date of hearing. The investigation of the above-mentioned cases may go on if the State is convinced that the matter requires investigation but no report under Section 173 CrPC be filed without further orders of this Court. By the order dated 15 th September, 2015, we directed the UP Police to take -3- necessary steps for protection of the life and liberty of the family members of the petitioner. It is brought to our notice that the entire family is living in Delhi at Chattarpur Village, P.S. Mehrauli, South District, New Delhi. Dr. Abhishek Atrey, learned counsel representing the respondent no. 9 Delhi Police is present in the Court.
Heard learned counsel for respondent no. 9.
In the circumstances, we deem it appropriate to direct the respondent no. 9 to take such appropriate measures as are necessary and sufficient to protect the life and liberty of the petitioner and the members of her family.
Mr. Gaurav Bhatia, learned counsel appearing for the State of UP seeks four weeks' time to file counter in the matter. Time granted as prayed for.
List thereafter.
(DEEPAK MANSUKHANI) (INDU BALA KAPUR) COURT MASTER COURT MASTER