SHASHI RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition under Sec. 439(2) of the Code of Criminal Procedure (for short 'Code') has been instituted for cancellation of regular bail granted to the respondent no.2 in case FIR No. 758, dtd. 27/11/2018, under Ss. 376/366-A of the Indian Penal Code, Sec. 6 of the POCSO Act and Sec. 3 of the SC/ST Act,, registered at Police Station City Bahadurgarh, District Jhajjar.

(2.) It has been contended by the learned counsel for the petitioner that the FIR bearing number 758, dtd. 27/11/2018 was registered on the basis of the statement of the petitioner with regard to the commission of sexual intercourse upon her by Neeraj Sharma. The allegations have also been imputed against the respondent no.2 who facilitated the commission of such act. Although, the respondent no.2 was found innocent during the course of investigation, but, she has been summoned under Sec. 319 of the Code in terms of order dtd. 6/3/2020. Subsequently, the respondent no.2 had surrendered in the trial Court and has been granted bail in terms of order dtd. 22/2/2022.

(3.) The cancellation of bail has been mainly sought on the ground that the respondent no.2 was declared proclaimed person in terms of order dtd. 26/10/2021 and consequently, she is not entitled to bail.