BALWANT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioner has placed before this court the judgment passed by the Supreme Court in the case of X v. State of Telangana and Others reported in 2018(16) SCC 511 (2018 AIR SC 2466) to submit that once the bail bond has been granted by the court, conditions under Section 439(2) Cr.P.C. must be taken into consideration for cancellaton of bail and merely because, the bail has added the non-bailable offence, the petitioner's bail could not be cancelled. Learned counsel also relies on the judgment passed by the co-ordinate Bench of this court in the cases of Chandra Pal Singh Choudhary v. Vijit Singh and Others reported in 2009(1) RLW 693 and Gheesya and Others v. State of Rajasthan reported in 1988(2) RLW 326.

(2.) Per contra, learned counsel for the complainant submits that the prosecutrix's statement was recorded earlier under Section 161 Cr.P.C. by the police without complying with the Section 26 of the POCSO Act, 2012 and the parents of the prosecutrix were not present at the time of recording of the statement. However, later on the subsequent statement under Section 164 Cr.P.C. was in the presence of her parents and she has made allegations against the accused of having committed rape and abducting her.

(3.) Learned Public Prosecutor submits that in view of the subsequent statement under Section 164 Cr.P.C., the case for the offence under Section(s) 363 and 376 IPC and POCSO Act is clearly made out and therefore, the leaned Special Judge, POCSO Cases 2012 has rightly cancelled bail under Section 439(2) Cr.P.C.