STATE OF GUJARAT Vs. RAJKUMAR

JUDGEMENT

(1.) The present application is filed under Sec. 439(2) read with Sec. 482 of the Code of Criminal Procedure seeking cancellation of regular bail, which has been granted to the respondents - accused by the Additional Sessions Judge, City Civil and Sessions Court, Ahmedabad in Criminal Misc. Application No. 2393 of 2017 on 27/4/2017.

(2.) The case of the prosecution is that a complaint came to be filed before Vadaj Police Station being C.R.No.I-109 of 2017 at the instance of one Ms. Poojaben Pravinbhai Sumera alleging that accused in connivance with each other in spite of complainant being minor has allegedly molest her modesty and taken photographs and video in mobile and also threatened her family members and thereby committed offence punishable under Ss. 354(A)(1)(I), 354(B), 506(2) of the Indian Penal Code, Ss. 7, 9(L), 10, 13(C), 14, 17 of the POCSO Act and Ss. 66(A), 67(B) of the I.T. Act. On account of the said complaint, the present respondents filed an application for bail, which was registered as Criminal Misc. Application No.2393 of 2017 in which the State authority had filed a reply opposing the same but by imposing suitable conditions, the learned Additional Sessions Judge, City Civil Judge and Sessions Court, Court No.2, Ahmedabad vide order dtd. 27/4/2017 was pleased to grant regular bail to these respondents and it is this order of April, 2017 is made the subject matter of present Criminal Misc. Application.

(3.) It appears from the record that the original order impugned is of 27/4/2017 and the Court on entertaining this application was pleased to issue notice upon respondents vide order dtd. 24/7/2017 and thereafter, it appears that till 2022 no concrete steps appears to have been taken by State authority to see that the present order be examined promptly and it is only in the month of May, 2022 on-wards the present application is being placed on board from time to time and it is with this background, the Court has heard the learned advocates appearing for the respective parties.