The apex court refused to interfere with the Calcutta High Court order denying bail to Sumit Bajaj and Mohd Nasir Khan, who were among the five youths accused of gangraping an Anglo-Indian woman in a car on February 5 last year.
"We do not find it fit to exercise our jurisdiction in the case as two of the accused are still absconding," a bench comprising Justices G S Singhvi and H L Gokhale said.
The bench said it was not going into the merits of the case.
The West Bengal Government opposed the appeal filed by the two accused against the decision of the High Court, which had rejected their bail plea on October 19, 2012.
The state government said the arrest in the case was made after gathering evidence about their alleged involvement in the crime.
The woman was picked up by the youths from the road in front of a pub at upmarket Park Street area in Kolkata and had allegedly gangraped her.
In the FIR lodged by the woman on February 9, 2012, she had alleged that she was gangraped by five youths in a car at gunpoint and was also threatened.
Besides Bajaj and Nasir Khan, the other accused in the case are Nishad Khan alias Tusi, Kadir Khan alias Kadir Sheikh and Mohammad Ali.
While Bajaj, Nishad and Nasir Khan are behind bars, Kadir and Ali are absconding.
