ROHIT DINANATH RAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the order dated 3.6.2019 passed in Criminal Miscellaneous Application No.3217 of 2019 by the Additional City Sessions Judge, Court No.20, City Civil and Sessions Court, Ahmedabad, cancelling the bail granted to the applicant is challenged and it is prayed that the applicant be released on regular bail in connection with FIR being C.R.No.I-101 of 2018 registered with Gujarat University Police Station, Ahmedabad city for offence under Section 376 of the Indian Penal Code as the applicant is arrested on 4.6.2019.

(2.) Heard learned advocate Mr.Desai for the applicant, learned Additional Public Prosecutor Mr.Dabhi for the respondent-State and learned advocate Mr.Ramani for the original complainant.

(3.) Learned advocate for the applicant submits that the applicant was enlarged on regular bail by the concerned Sessions Court vide order dated 14.9.2018 passed in Criminal Miscellaneous Application No.6010 of 2018 on certain terms and conditions. Learned advocate for the applicant referred to the said conditions and submitted that the applicant was directed to deposit his passport before the concerned trial Court within the stipulated time limit and he was also directed to submit his recent address before the concerned investigating officer and to mark his presence before the investigating agency. However, the applicant failed to comply with the aforesaid conditions and therefore the original complainant has filed Criminal Miscellaneous Application No.3217 of 2019 under Section 439(2) of the Code of Criminal Procedure Code for cancellation of bail granted to the applicant. It is further submitted that after hearing the concerned parties, the Sessions Court has passed the impugned order dated 3.6.2019 by which the application filed by the original complainant is allowed and regular bail granted to the applicant is cancelled.