ABC Vs. SANTOSH KUSHWAHA

JUDGEMENT

(1.) This petition has been filed under Sec. 439 (2) of the Code of Criminal Procedure, 1973 (for short the "Cr.P.C.") for cancellation of bail granted to accused/respondent No.1 - Santosh Kushwaha vide order dtd. 24/3/2022 passed in MCRC No.676/2022. The said application for grant of bail was filed by the accused/applicant under Sec. 439 Cr.P.C. in connection with Crime No.243/2021 registered at Police Station Balrampur for the offence punishable under Ss. 363, 366 (A), 342, 506 and 376 (2) (n) (3) of the IPC and Sec. 4 (2) of the POCSO Act.

(2.) Learned counsel for the petitioner/complainant submits that after releasing on bail, respondent No.1 has violated the terms and conditions of the bail order because earlier the respondent No.1 has promised to marry the complainant if she will turned hostile in the Court statement. However, after recording of the statement and after releasing on bail, the respondent No.1 has refused to marry her. Learned counsel submits that the respondent No.1 has abused the complainant in filthy languages and also beaten her and broken her mobile phone. In this regard, the complainant and her parents have made complaint before the concerned Police Station but of no avail. Therefore, bail granted to the applicant is liable to be cancelled.

(3.) On the other hand, learned counsel for respondent No.2/State submits that the allegation against the accused was that he has allured the petitioner/victim and committed sexual intercourse with her against her wishes and offences have also been registered against him. Though, it is alleged by the victim that after releasing on bail, the applicant retracted from his promises however, in the said case delay of lodging of FIR was about 9 and half years and victim has also supported the bail application. In such circumstances, the Court may pass suitable order. Learned State counsel also submits that the State is duty bound to protect the rights of the victim, as and when required.