LAWS(MPH)-2022-3-197

PROSECUTRIX Vs. PIYUSH SAXENA

Decided On March 31, 2022
Prosecutrix Appellant
V/S
Piyush Saxena Respondents

JUDGEMENT

(1.) Present application is preferred under Sec. 439(2) of Cr.P.C. by the petitioner/complainant seeking cancellation of bail granted vide order dtd. 20/1/2020 in M.Cr.C.No.43135/2019 by which this Court has granted bail to respondent No.1/accused. Accused/respondent No.1 is facing trial vide Special Case No.11/2019 for offence under Ss. 376(2)(n), 376(2)(i), 354(A) (i)(ii), 354(D), 120-B, 201 of IPC and Ss. 3,4,5,6,13,14 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act") and Ss. 67,67(A),67(B), 66(D),66(E) of Information Technology Act.

(2.) As per the allegations as contained in the charge-sheet, accused molested the prosecutrix on various occasions as referred in the charge-sheet when she was minor.

(3.) It is the submission of learned counsel for the petitioner/complainant that while granting bail, this Court ordered that accused shall comply all the terms and conditions of the bond executed by him, he will cooperate in trial , would not move in the vicinity of complainant party and would not indulge himself in extending inducement, threat or promise to any other person acquainted with the facts of the case and will not seek unnecessary adjournments during trial etc. Condition No.7 categorically stipulated that applicant shall not cause any delay in trial and would cross-examine the prosecution witnesses whenever they appear before the Court for cross-examination, otherwise benefit of bail shall be withdrawn immediately.