Juvenile X vs The State Of Rajasthan on 8 August, 2023

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Supreme Court - Daily Orders

Juvenile X vs The State Of Rajasthan on 8 August, 2023

Bench: Vikram Nath

                                        IN THE SUPREME COURT OF INDIA
                                      CRIMINAL APPELLATE JURISDICTION


                                   CRIMINAL APPEAL NO.       OF 2023
                                [Arising out of SLP(Crl.) No. 7186/2023]


                         JUVENILE X                                          APPELLANT(S)

                                                            VERSUS

                         STATE OF RAJASTHAN & ANR.                           RESPONDENT(S)


                                                      O R D E R

1. Leave granted.

2. Heard learned counsel for the parties.

3. The bail had been denied to the appellant by the Courts below for the reason that if the appellant is released, she might come into contact with known or unknown criminals. We do not find any basis for recording such a finding.

4. Further, the Times New Romanapplication for release of the appellant on bail has been moved by the father’s sister (Bua) of the appellant, who is a resident of District Mathura in Uttar Pradesh whereas, the Signature Not Verified Digitally signed by Neetu Khajuria appellant and her parents are residents of District Date: 2023.08.08 16:43:21 IST Reason: Bharatpur in Rajasthan.

1 Crl.A. No.___/2023 @ SLP(Crl.) No.7186/2023

5. There is no material to allege that the family of the father’s sister (Bua) have any criminal antecedents. As such, we are of the view, the reasoning given by the Courts below are not justified for rejecting the prayer for bail.

6. It is not disputed that the appellant is about 13 years old and has already been in incarceration for more than eight months. The parents of the appellant are already in custody. It is expected that the Bua/guardian of the appellant will ensure that the appellant remains away from any kind of known or unknown criminals.

7. Considering the overall facts and circumstances of the case, we allow this appeal and direct that the appellant be released on bail subject to such terms and conditions as may be imposed by the Juvenile Justice Board of the concerned District.

8. Pending application(s) shall stand disposed of.

......................J. [VIKRAM NATH] ......................J. [AHSANUDDIN AMANULLAH] NEW DELHI;

AUGUST 08, 2023.

2 Crl.A. No.___/2023 @ SLP(Crl.) No.7186/2023 ITEM NO.3 COURT NO.8 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(s).7186/2023 (Arising out of impugned final judgment and order dated 05-04-2023 in SBCRRP No. 206/2023 passed by the High Court Of Judicature For Rajasthan At Jaipur) JUVENILE X Petitioner(s) VERSUS STATE OF RAJASTHAN & ANR. Respondent(s) (IA No. 113541/2023 - EXEMPTION FROM FILING O.T.) Date : 08-08-2023 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Rajesh Kuamr, Adv.

Mr Avanish Kumar, Adv.

Mr. Neeraj Srivastava, Adv. Mr. Harish Dixit, Adv.

Mr. Mahender Tiwari, Adv. Mr. Kishor Kumar Pandey, Adv. Mr. Tom Joseph, AOR For Respondent(s) Mr. Anand Shankar, AOR Mr. Pramod Dayal, Adv.

Mr. Rakesh Kumar, Adv.

Mr. Onkarnath, Adv.

Mr. Namit Saxena, AOR Mr. Awnish Maithani, Adv. Mr. Shivam Raghuwanshi, Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is is allowed and the appellant is 3 Crl.A. No.___/2023 @ SLP(Crl.) No.7186/2023 directed to be released on bail in terms of the signed order.

Pending application(s) shall stand disposed of.

(NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER (Signed order is placed on the file.) 4

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