IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
[arising out of SLP (Crl.) No. 13028 OF 2023 ]
DEVKINANDAN APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH RESPONDENT(S)
O R D E R
Leave granted.
Having regard to the period of incarceration undergone by the appellant Devkinandan, which is about five years, and the fact that the appeal is not likely to be taken up by the High Court for hearing in the near future, we direct that the appellant will be released on suspension of sentence and bail during the pendency of Criminal Appeal no. 5339/2021 pending before the High Court of Judicature at Allahabad, on terms and conditions to be fixed by the trial Court. The said appeal arises out of judgment dated 21.09.2021 passed in Special Session Trial no. 28/2019 in chargesheet arising out of First Information Report (FIR) no. 9/2019 dated 16.01.2019 registered with Police Station Kurra, District Mainpuri, Uttar Pradesh, for the offence(s) punishable under Sections 363, 366 and 376 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Protection of Children from Sexual Offences
Act, 2012. The appellant – Devkinandan will not get in touch with the prosecutrix or her family.

We clarify that in case the appellant – Devkinandan remains unrepresented before the High Court at the time of hearing of the appeal, the High Court will be entitled to cancel the suspension of sentence and bail granted by this order.

The impugned order is set aside and the appeal is allowed in the aforesaid terms.
We clarify that the observations made in this order and grant of bail will not be treated as findings on the merits of the case.
Pending application(s), if any, shall stand disposed of.
………………J.
(SANJIV KHANNA)
………………J.
(DIPANKAR DATTA)
NEW DELHI;
FEBRUARY 09, 2024.
Crl.A. @ SLP(Crl.) No. 13028/2023 2

ITEM NO.29 COURT NO.2 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 for Special Leave to Appeal (Crl.) No. 13028/2023
(Arising out of impugned final judgment and order dated 07-08-2023 in CRLA No. 5339/2021 passed by the High Court of Judicature at Allahabad)
DEVKINANDAN Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH Respondent(s)
(IA No. 208712/2023 – EXEMPTION FROM FILING O.T.)

Date : 09-02-2024 This matter was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s)
Mr. Kaushal Yadav, AOR
Mr. Nandlal Kumar Mishra, Adv.
Mr. Arjun Raghuvanshi, Adv.
Mr. Arpit Kumar, Adv.
Dr. Ajay Kumar, Adv.
Mr. Ritul Tandon, Adv.
For Respondent(s)
Mr. Vishnu Shankar Jain, Adv./AOR

UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
In terms of the signed order, it is directed that the appellant will be released on suspension of sentence and bail during the pendency of Criminal Appeal no. 5339/2021 pending before the High Court of Judicature at Allahabad, on terms and conditions to be fixed by the trial Court.
The impugned order is set aside and the appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(DEEPAK GUGLANI) (R.S. NARAYANAN)
AR-cum-PS ASSISTANT REGISTRAR
(signed order is placed on the file)