ANIL MITTER Vs. STATE

JUDGEMENT

(1.) This petition under Section 482 of Code of Criminal Procedure read with Article 227 of the Constitution of India is directed against an order dated 21.4.2001 passed by learned Additional Sessions Judge, New Delhi by which the bail granted to the petitioner vide orders dated 28.9.2000 was cancelled and he was ordered to be taken into custody.

(2.) I have heard learned Counsel for the petitioner, learned Counsel for the State and learned Counsel for the complainant.

(3.) The facts leading to the filing of the present petition briefly stated are that an FIR dated 16.9.2000 was registered against the petitioner under Sections 366,376 read with Section 511 and Section 506,Indian Penal Code on the allegations that the petitioner had induced the complainant/prosecutrix to accompany him to meet some senior officer in connection with the transfer of her husband to Delhi but on the way/he assaulted her and tried to rape her. He had also allegedly held out intimidatory threats to her. His first application for bail was dismissed vide order dated 20.9.2000 but his second application for bail was allowed vide orders dated-28.9.2000. While allowing the bail application, the learned Additional Sessions Judge was influenced by the submission made on behalf of the petitioner/accused, that the complainant was a blackmailer and was responsible for the suicide of a family of four at Gurgaon and was being tried in the Court of Additional Sessions Judge, Gurgaon.