Research › Browse › Judgment

Supreme Court of India · body

2024 DIGILAW 711 (SC)

Kunwarpal v. State Of U. P.

2024-07-24

B.V.NAGARATHNA, NONGMEIKAPAM KOTISWAR SINGH

body2024
ORDER : 1. Leave granted. 2. This appeal takes exception to the order dated 26.09.2023 passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No.41797/2023. 3. The appellant has been booked in Case Crime No.178/2023 registered with Police Station Meerganj, District Bareilly, Uttar Pradesh, in respect of the offences punishable under Sections 376, 342, 384, 506 of the Indian Penal Code, 1860 and Section 67 of the I.T. Act, 2008. 4. Being aggrieved, the appellant preferred an application before the High Court seeking bail on the ground that he has been falsely implicated in the matter; and that the relationship between the appellant and the victim was a consensual relationship. However, the application for bail was rejected. Hence, the instant appeal. 5. This Court vide its order dated 29.01.2024, issued notice to the respondent-State to consider the aspect of juvenility claimed by the appellant. 6. Learned counsel for the appellant submitted that the appellant was only 17 years of age at the time of the incident but the so called victim was 22 years of age, in fact there was a consensual relationship between the parties. 7. That, the investigation having been completed, chargesheet has been filed but the trial is yet to commence, that there are around 20 witnesses to be examined. However, the appellant has been languishing in jail for the last one year. He therefore, submitted that this is a fit case where the impugned orders may be set aside and the relief of bail may be granted to the appellant herein. 8. Per contra, learned counsel for the respondent-State with reference to her counter affidavit submitted that the conduct of the appellant is blatant and that there is no merit in this appeal. She submitted that the High Court and Sessions Court were justified in rejecting the bail applications with regard to the fact that the appellant accused had clicked photographs of the victim and had circulated the same, which conduct has to be deprecated and punished. She therefore, submitted that the appeal may be dismissed. Considering the above circumstances and the facts on record, we find that the appellant has made out a case for grant of bail. 9. She therefore, submitted that the appeal may be dismissed. Considering the above circumstances and the facts on record, we find that the appellant has made out a case for grant of bail. 9. We, therefore, allow this appeal and direct as under: “The appellant shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to impose to ensure his presence in the Case Crime No.178/2023 mentioned above.” 10. It is directed that the appellant shall extend complete cooperation in the trial of the instant case. The appellant shall not misuse his liberty in any matter. 11. Any infraction of the conditions shall entail cancellation of bail granted to the appellant. 12. With these observations, the appeal is allowed and disposed of in the aforesaid terms.