RUTIKA BEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the complainant is before this Court making a prayer for cancellation of bail granted to the accused - Rajendra @ Rajo Rahulbhai Chunara alleging breach of conditions of the bail order passed by this Court on 12/9/2022 in Criminal Miscellaneous Application No.8976 of 2022.

(2.) Learned Advocate for the applicant submitted that the accused was directed not to enter the jurisdictional limits of Kagdapith Police Station, Ahmedabad till the conclusion of the trial without the prior permission of the concerned Court. It is further submitted that a subsequent First Information Report came to be filed at Kagdapith Police Station alleging that the accused had threatened the complainant for settlement, threatened to throw acid on her and with her life.

(3.) It is submitted that an application was moved before the learned Additional Sessions Judge by way of Criminal Miscellaneous Application No.1727 of 2023 making a prayer under Sec. 439(2) of Criminal Procedure Code, 1973 for cancellation of bail and the said application came to be rejected observing that it is a settled principle of law that once bail is granted, it should not be cancelled unless it appears on record and fact that the accused is misusing the liberty of bail and/or violating the conditions of bail on which the order of bail was granted and it was observed by the learned Additional Sessions Judge that the applicant could not point out any such conditions and the grounds raised are not sufficient for cancellation of bail.