James Kunjwal Vs State of Uttarakhand & Anr. (Supreme Court of India)
The Supreme Court granted leave and considered an appeal against the final order dated 01.10.2022 passed by the High Court of Uttarakhand in Bail Cancellation Application No. 24 of 2022. Although the High Court had dismissed the application for cancellation of bail, it observed that the appellant had intentionally filed a false affidavit and directed the Registrar (Judicial) to file a complaint against him. Pursuant to that direction, a complaint under Section 193 of the Indian Penal Code was filed before the Chief Judicial Magistrate, Nainital.
The background of the matter was that the appellant had been accused in FIR No. 109 of 2021 dated 02.05.2021 under Sections 376 and 504 IPC. His bail application before the Additional District and Sessions Judge was rejected, but the High Court granted him bail on 08.06.2021. The complainant thereafter filed Bail Cancellation Application No. 24 of 2022, alleging, among other things, that the appellant had made contradictory statements. While dismissing the bail cancellation application, the High Court noted conflicting versions in the affidavits filed by the complainant, the appellant and the State, concluded that the appellant had intentionally filed a false affidavit, and directed initiation of proceedings.
