Listed On: 14-02-2025
Court No.: 7
Item No.: 36.1

SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

PETITION FOR CRIMINAL APPEAL NO. 4002/2024

With

Interlocutory Application No(s) 9425/2024, 9426/2024

Process Id: 250/2025

SANJAY ... Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH and another ... Respondent(s)
OFFICE REPORT IN AFTER NOTICE MATTER
1. This Hon'ble Court, on 24.09.2024, has been pleased to pass the following order:

"1. Leave granted. 

2. Heard Ms. Aparna Bhat, learned senior counsel appearing for the appellant (informant). Also heard Mr. Garvesh Kabra, learned counsel appearing for the respondent -State of Uttar Pradesh. 

3. The office report dated 23.09.2024 indicates that service is complete on the accused (respondent No. 2) in all the cases but none has entered their appearance

4. These matters arise out of the common FIR No. 193 of 2023 registered under Section 363 of the IPC relating to the appellant's 4 year old son, who went missing at night. The Police after some investigation noticed that it was a child trafficking case and accordingly added Section 370 (5) of the IPC. Subsequently, chargesheet against 14 accused was filed under Sections 363, 311 and 370(5) of the IPC. The unofficial respondents herein are named as accused in the charge sheet. 

5. While challenging the bail orders passed on 04.10.2023, 08.11.2023, 09.11.2023, 12.12.2023 and 15.12.2023, Ms. Aparna Bhat, learned senior counsel submits that these are organised child trafficking cases and the bail for the accused was unmerited. 

6. In the counter affidavit filed by the State, it is pointed out that these cases pertain to child trafficking racket involving kidnapping and selling of minor children. The activities of the accused spread across the States of Uttar Pradesh, Jharkhand and Rajasthan. The affidavit also indicates the nature of evidence that has been collected by the Police and it is averred that those will show the complicity of accused. 

7. The punishment envisaged in the event of conviction for the charged sections is minimum 14 years which can extend upto life imprisonment. Notwithstanding the serious nature of the crime as also the likely involvement of the accused in the child trafficking racket, we notice from the impugned order(s) that the High Court without considering the relevant parameters in cases of this nature, granted bail to the accused. 

8. The concerned accused despite service have failed to appear in Court to defend the bail order. 

9. We are therefore of the considered opinion that the bail order(s) requires our interference. Accordingly, the impugned orders of the High Court dated 04.10.2023, 08.11.2023, 09.11.2023, 12.12.2023 and 15.12.2023 granting bail to the accused Gudiya Devi, Mahesh Rana, Santosh Saw, Sangeeta Devi, Anuradha Devi & Sunita Devi are set aside and quashed. The appeals are allowed. As the bail is being cancelled, all the accused must immediately surrender. If they do not do so, the Police must take steps to arrest the accused. It is ordered accordingly. 

10. Pending application(s), if any, shall stand disposed of."

Accordingly, certified copies of the order quoted above was issued to all the concerned authorities.

Thereafter Ms. Shubhangi Tuli, Advocate has filed an application for recall of Hon'ble Court's order dated 24.09.2024 and the same was listed as M.A. No. 2260/2024 before the Hon'ble Court on 11.11.2024. Copy of the order dated 11.11.2024 in M.A. No. 2260/2024 is enclosed herewith this office report for kind perusal of the Hon'ble Court. 

It is submitted that Criminal Appeal No.4002 of 2024 has been restored pursuant to order dated 11.11.2024. However, the counsel for the respondent no.2 has not filed any document till date.

2. There are two respondent(s) in the matter and the status as regards service position is as under:
Name of the Parties Notice issued on Notice served on Status Remarks
RESPONDENT No. - 1 STATE OF UTTAR PRADESH                         service of NLPA is complete                       -
RESPONDENT No. - 2 SANTOSH SAW service of NLPA is complete-
3. The status of parties and pleadings as regards the special leave petition/appeal is as under:
Name of the Parties Vakalatnama file by Advocate on-Record/ Memo of Appearance by Party in-person Counter Affidavit filed on Rejoinder Affidavit filed on Page No(s) Remarks
RESPONDENT No. - 1 STATE OF UTTAR PRADESH Mr. Garvesh Kabra, Advocate 26.02.2024
RESPONDENT No. - 2 SANTOSH SAW Ms. Shubhangi Tuli, Advocate
PETITIONER No. - 1 SANJAY Mr. Mayank Sapara, Advocate
4. The status of applications/affidavits/documents filed by the parties, subsequent to the filing of special leave petition/appeal, is as under:
S.No. Appln. No. Name of Advocate on-record Filed on Description of Application/Affidavit/Document Page No Remarks
1 9425/2024 1246 - APARNA BHAT 11-01-2024 16:30:08 EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT -
2 9426/2024 1246 - APARNA BHAT 11-01-2024 16:30:24 EXEMPTION FROM FILING O.T. -
3 12640/2024 1246 - APARNA BHAT 17-01-2024 10:27:54 PROCESS FEE -
4 19073/2024 1246 - APARNA BHAT 23-01-2024 16:23:32 PROOF OF SERVICE -
5 20190/2024 1686 - GARVESH KABRA 24-01-2024 15:19:16 MEMO OF APPEARANCE -
6 50509/2024 1686 - GARVESH KABRA 26-02-2024 15:36:14 COUNTER AFFIDAVIT 140-145
7 191290/2024 3599 - MAYANK SAPRA 28-08-2024 10:24:29 VAKALATNAMA AND MEMO OF APPEARANCE -
5. It is submitted that original records from the High Court as well as the Trial Court are awaited.
6. The appeal along with the application(s) above-mentioned is listed before the Hon'ble Court with this office report.

DATE: 12-02-2025

ASSISTANT REGISTRAR

Copy to :-

1
Mr. Garvesh Kabra D-218, Sector-49, Lgf, Opposite Prayag Hospital, U.p. - 201301 Delhi
2
Mr. Mayank Sapra A-21, Lgf, East Of Kailash, New Delhi-110065 New Delhi
3
Mrs. Shubhangi Tuli 295, Lawyers Chambers Block -ii Delhihigh Court New Dlehi Delhi