NEELU CHOUDHARY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this application under Sec. 439(2) of the Code of Criminal Procedure for cancellation of bail granted to respondent No.2/accused vide order dtd. 17/1/2022 passed in MCRC No. 412/2022.

(2.) Learned counsel for the applicant submits that a crime was registered against the respondent No.2/accused vide Crime No. 54/2021 at Police Station Mahila Thana, Katni for the offence punishable under Ss. 376, 376(2)(N) and 506 Part-2 of the Indian

(3.) Penal Code. She submits that in pursuance to registration of the said crime, the respondent No.2/accused was arrested on 28/11/2021. She submits that thereafter an application was moved by the respondent No.2 before the trial court, which got rejected and then an application under Sec. 439 of Cr.P.C. was filed by him before this Court, which was registered vide MCRC No. 412/2022. Counsel submits that after hearing the arguments advanced by the learned counsel for the parties and taking note of the facts of the case existing, vide order dtd. 17/1/2022 this Court granted bail to respondent No.2 on the ground that both applicant and the respondent No. 2 were ready to get married as both were major and educated and were in affair since long. However, after granting bail, it is alleged by the learned counsel for the applicant that respondent No.2 refused to marry with the present applicant and this application has been filed accordingly for cancellation of conditional bail granted to respondent No. 2.