TRUPTIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is preferred under Sec. 439(2) of the Code of Criminal Procedure, 1973 by the applicant - original complainant for cancellation of bail granted to the accused by learned Additional Sessions Judge, Bhuj at Kutch vide order dtd. 15/7/2019 passed in Criminal Misc. Application No. 557 of 2019 for the offence punishable under Ss. 376(1), 495, 506(2) of the Indian Penal Code, Sec. 3(a), 4, 5(L), 6 and 10 etc. of the Protection of Children Against Sexual Offences Act in connection with the offence registered being I-C.R. No.34 of 2019 before Mandvi Police Station, Kutch.

(2.) Heard Ms. Bhavna D. Acharya, the learned counsel appearing for the applicant - original complainant, Mr. D.S. Gadhvi, learned Counsel for the respondent No.2 original accused and Mr. Tirthraj Pandya, the learned APP appearing for the respondent No.1 - State of Gujarat.

(3.) Ms. Acharya, the learned advocate for the applicant, submitted that the impugned order is ex facie illegal and arbitrary and that the same is passed without appreciating the facts and circumstances of the case. Learned advocate for the applicant submitted that after releasing, the accused had given threat to the complaint to withdraw the complaint filed against the accused by the complainant. He also submitted that the respondent accused is a head strong person of the society and he therefore, urges before the Court that the application may be allowed and the bail granted to the respondent accused may be cancelled.