SUNITA GANDHARVA Vs. STATE OF M.P.

JUDGEMENT

(1.) The instant applicant under Sec. 439 (2) of Code of Criminal Procedure has been preferred by the applicant / complainant (hereinafter shall be referred to as "complainant") for cancellation of bail granted to respondent No. 2/accused (hereinafter shall be referred as "accused"), who was enlarged on bail by this Court vide order dated 26-2-2020 in Criminal Appeal No. 1759/2020. Accused is facing trial for offence under Sec. 363, 366-A, 376 of IPC and Sec. 3 (1) (w)(ii) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Atrocities Act') and Sec. 3/4 of Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act').

(2.) It is the submission of learned counsel for the complainant that earlier accused kidnapped the minor daughter of complainant, aged 16 years for which complaint was made and FIR was registered vide crime No. 486/2019 on 25/8/2019 for offences referred above. Accused was arrested on 3/9/2019 and after investigation charge-sheet was filed. Thereafter, accused preferred application under Sec. 439 of Cr.P.C. before the trial Court for bail but same was dismissed, therefore, accused as appellant filed criminal appeal vide Cr.A.No. 1759/2020 under Sec. 14-A (1)(2) of Atrocities Act against the order dated 4/10/2019 passed by trial Court. After due consideration, appeal preferred by accused against the order of trial Court seeking bail, was allowed vide order dated 26-2-2020 and accused was directed to be released on bail on certain conditions including the conditions that accused shall not try to move in the vicinity of prosecutrix and would not try to contact her in any manner and would not cause harassment, otherwise on the basis of misconduct, his bail application shall be rejected. Another contrition that that accused shall not commit same nature of offence for which he is facing trial. He was also subjected to the condition that he shall not induce or intimidate to any person, who is acquainted with the facts of the case.

(3.) It appears that after being released on bail (by the effect of order dated 26-2-2020), accused again tried to contact the prosecutrix and therefore, after four months on 30 th June, 2020, complainant found her daughter missing, therefore, lodged an FIR against the present accused on 1/7/2020 at same police station Kotwali Bhind for offence under Sec. 363 of IPC vide crime No. 286/2020. He also made a complainant to the Superintendent of Police, Bhind on 4/7/2020, duly received by the office of Superintendent of Police, Bhind, in which she referred the conduct of accused; whereby, he constantly threatened the family of prosecutrix and exerted pressure for compromise. She specifically referred the fact that frequently, accused attacked the house of present complainant through bricks and stones to intimidate them. She also referred the fact regarding violation of bail conditions.