RESHMA ANWAR MATLUB KURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed praying for cancellation of an order of bail passed in favour of the respondent - accused on the ground of breach of condition as also according to the submission of the learned advocate for the applicant, on merit also, since the victim is still minor according to the birth certificate produced at page 30, the order passed by the learned Judge is erroneous and requires to be quashed and set aside and regular bail granted to the respondent - accused is required to be cancelled.

(2.) Mr Umarfaruk Kharadi, learned advocate for the applicant, submitted that there is a breach of condition not to enter even the local limits where the victim is staying and when the respondent - accused has again eloped with the victim, he has committed breach of an order of bail granted by the Court as not only he entered the area where the victim is staying as also not to interfere with the witness, he has committed again the offence with the very victim, and therefore, he has submitted that the bail granted to the respondent - accused be cancelled.

(3.) Having heard the learned advocate for the applicant and going through the FIR, order granting bail as also the birth certificate produced and the order rejecting the application for cancellation of bail, it emerges that when the FIR was lodged the first informant stated the age of the victim as per the Adhar Card, as submitted by the learned advocate for the applicant.