BABUBHAI HARJIBHAI DESAI 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 respondent No.2 - original accused by the learned Additional Sessions Judge (Special), Ahmedabad (Rural), Mirzapur, vide order dtd. 1/1/2019 passed in Criminal Misc. Application No.3275 of 2018 for the offence punishable under Ss. 363, 366, 376(2)(j), 376(2)(n) etc. of the Indian Penal Code and Ss. 3(a), 4, 5(l) and 6 of the POCSO Act in connection with the offence registered being C.R. No.I - 161 of 2018 before Anandnagar Police Station, Ahmedabad.

(2.) Heard Mr.Tejas P. Satta, the learned Counsel appearing for the applicant - original complainant, Mr.Tirthraj Pandya, the learned APP for the respondent No.1 - State of Gujarat and Mr.D.V. Kansara, the learned Counsel for the respondent No.2 - accused.

(3.) Mr.Satta, the learned advocate for the applicant has 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. He further submitted that there are subsequent incidents with regard to giving threats and the respondent accused has also misused the liberty granted in his favour. During the course of arguments, learned advocate Mr.Satta has also canvassed that the respondent accused is also having antecedents and involved in similar kind of offence and the said facts were not brought to the notice of the concerned trial court during the course of hearing of the bail application and therefore, the trial court has passed the impugned order. He therefore, urges before the Court that the application may be allowed and the bail granted to the accused may be cancelled.