DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition is for seeking cancellation of regular bail granted to respondent No.2 in FIR No.0058 dtd. 31/1/2022, under Sec. 84 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Ss. 363, 366-A of IPC (Ss. 328, 376(2)(N) of IPC and Sec. 6 of POCSO Act added), registered at P.S. Sonipat Sadar vide which respondent No.2 had been granted bail.

(2.) It has been contended by counsel for the petitioner that after having been granted bail to respondent No.2 on 10/8/2022, learned Additional Sessions Judge, Fast Track Court, Sonipat has framed the charges under Sec. 376(2)(N) of IPC vide order dtd. 30/8/2022. He submits that the petitioner was granted bail only for the offence under Ss. 363, 366-A of IPC and Sec. 84 of the Juvenile Justice (Care and Protection of Children) Act, 2015. He submits that once Sec. 376 (2)(N) of IPC has been added, the bail granted to respondent No.2 should be cancelled.

(3.) Learned counsel for respondent No.2 has opposed the submissions made by counsel for the petitioner and has submitted that the offence under Sec. 376(2)(N) of IPC did not even exist on the date of granting bail.