HETALBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ORDER IN R/CRIMINAL APPEAL NO. 919 of 2020. : This appeal is filed by the appellant - original complainant challenging an order dtd. 4/6/2020 passed by the learned 3 rd Additional Sessions Judge, Amreli in Criminal Misc. Application No.252 of 2020 rejecting an application praying for cancellation of bail granted to respondent No.2 - accused.

(2.) Heard Mr. Mrudul Barot, learned advocate for the appellant. According to his submission, order granting bail to the respondent - accused relying on history given by himself before the Doctor and the submission made on his behalf that they were regularly in contact over mobile phone, which is not claimed to be part of charge-sheet, the learned Judge could not have granted bail to the respondent - accused in an offence under Ss. 376(1) , 365 , 342 and 506(2) of Indian Penal Code as also under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short 'the Act'). He has further submitted that, not only the order granting bail to the respondent - accused in an offence of rape is unjustified, within few months of his order releasing him on bail, he has also threatened of dire consequences along with other accused, and therefore, it is in breach of condition of an order of bail and on that ground also, the bail granted to the respondent - accused is required to be cancelled.

(3.) Ms. C.M.Shah,learned Additional Public Prosecutor adopted the arguments made by Mr. Barot, learned advocate for the appellant and she states that when accused committed breach of condition of an order of bail, his bail is required to be cancelled.