MANJU DEVI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The petitioner has filed this petition under Sec. 439(2) read with Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') seeking cancellation of bail granted to the accused persons namely, Santosh Kumar i.e. respondent no. 2 and Jameel Akhtar i.e. respondent no. 3,vide order dtd. 19/3/2020, by the learned Trial Court, in FIR No. 400/2018, registered at Police Station Najafgarh, Delhi for offences punishable under Ss. 364/34 of the Indian Penal Code, 1860 ('IPC') on the ground that the accused persons are threatening and abusing the complainant and her relatives.

(2.) The FIR in this case was registered on 7/12/2018 on the complaint made by the petitioner herein whereby it was alleged that her three daughters had been kidnapped on 4/12/2018 by the accused persons.

(3.) Learned counsel appearing on behalf of the petitioner argues that the accused persons are violating the bail conditions, imposed upon them by the learned Trial Court, vide order granting bail dtd. 19/3/2020, since the accused had threatened the victims with dire consequences and PCR calls had been made on 4/6/2020 and 9/6/2020. It is further stated that on 14/6/2020, the accused persons had attempted to burn the petitioner's house by pouring petrol on the main gate. It is also submitted that another FIR No. 705/2020 was registered on 10/7/2020,on the complaint lodged by petitioner, on allegations that her two daughters had gone missing and that there have been several instances on which the accused persons have threatened the complainant with dire consequences. It is also pointed out that one more FIR was registered on 5/2/2021 on the complaint of petitioner as her minor daughter had gone missing. It is submitted that the accused persons are misusing the liberty granted to them by the learned Trial Court and that they are a threat to the complainant and her family. Therefore, it is prayed that the bail granted to the accused persons be cancelled.