STATE Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure, relates to cancellation of bail granted to Rajesh Kumar accused by the Sessions Judge, Chandigarh, on 25th March, 1989.

(2.) IT was vehemently submitted by the learned Counsel for the applicant that Rajesh Kumar accused committed rape on the prosecutrix, aged 14 years, who was next-door neighbour of the accused, while the mother of the prosecutrix had gone out of her house. The counsel, appearing on behalf of the Chandigarh Administration referred to Stree Atyachar Virodhi Parishad v. Dilip Nathumal Chordia and another, 1989(1) Supreme Court Cases 715. In the said case the deceased was seen in flames and crying for help in the first floor of the house of her in-laws within five days of her marriage with the younger brother of the appellant. While the neighbours extinguished the flames, the inmates of the house did not render any help. In the said case trial Court had framed a charge under Section 302, Indian Penal Code, but the High Court discharged the appellant mainly relying on the dying declaration as if it had been conclusively proved to be the true and faithful version of the deceased. The aforesaid authority does not directly deal with the question of granting bail to the accused, and is not applicable to the facts of the case in hand. As such, it is clearly distinguished.

(3.) IT is also pertinent to note that no specific allegations have been made in the application for cancellation of bail, that after grant of bail the accused has, in any manner, misused the concession of bail, or has tried to win over the prosecution witnesses.