The Supreme Court approves bail for man accused of kidnapping and sexually assaulting a woman

The Court noted that the appellant has been in jail since March 3, 2022 and the chargesheet has already been filed.

The Supreme Court has recently approved bail for an individual charged with the abduction and rape of a woman in the case of Jugnu v. State of Uttar Pradesh. Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, comprised the three-judge bench. They observed that the appellant has been incarcerated since March 3, 2022, and emphasized that the chargesheet has already been submitted.

“The petitioner is involved in Case Crime No 17 of 2022 for alleged offences under Sections 366 and 376 of the Indian Penal Code. The petitioner is in custody since 3 March 2022. The charge-sheet has been filed…. We direct that the petitioner be enlarged on bail subject to such terms and conditions as may be imposed by the sessions court in connection with Case Crime No 17 of 2022,” the Court said.
The accused faced charges under Section 366 (kidnapping, abducting, or inducing a woman to compel her marriage) and Section 376 (punishment for rape) of the Indian Penal Code (IPC) for forcibly abducting a woman in an SUV and subjecting her to rape for a period of 15 days.

Initially, the bail application of the accused was rejected by the Allahabad High Court.

The accused contended that the relationship between the involved parties was consensual, asserting that they had traveled together. According to the appellant, the victim was of legal age, and her participation was voluntary.

In support of the claim of consent, the appellant argued that after the filing of the First Information Report (FIR), both the victim and the appellant had jointly submitted a protection plea to the Allahabad High Court, seeking legal safeguards against coercive actions. However, the plea was dismissed on the basis that the FIR had already been registered.

Nevertheless, during questioning, the victim informed the High Court that she had no knowledge of any protection plea. She went on to state that she was forcibly abducted and subjected to rape by the appellant.

Discontented with the denial of bail by the High Court, the appellant appealed to the Supreme Court.