MANJU DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioner submitted that the order dated 12.01.2021 passed by learned Additional Sessions Judge, Khetri, Rajasthan extending benefit of bail to respondent No.2 under Section 439 Cr.P.C. deserves to be set aside for the reason that it is bereft of any reasoning for passing it.

(2.) Heard the learned counsel for the petitioner and perused the record.

(3.) A perusal of the order dated 12.01.2021 reveals that the Court of learned Additional Sessions has assigned cogent reasons for extending the respondent No.2 benefit of bail. It has been observed that the FIR has been lodged with a delay of about four years and in the intervening period, the prosecutrix was in constant contact with the respondent No.2. It has also been observed that Investigating Agency did not find the allegation of making obscene video to be true. The Hon'ble Apex Court has, in the case of Kanwar Singh Meena v. State of Rajasthan and Anr.; (2012) 12 SCC 180, held that cancellation of bail is a serious matter. It was held that bail granted by the learned Sessions Court can be cancelled by the High Court only if the same is based on extraneous material ignoring the relevant material or the order is against the well recognized principles underlying the power to grant bail. As already observed, the learned Sessions Court has assigned cogent reasons which are based on material on record while passing the order dated 12.01.2021 and does not suffer from any infirmity warranting its cancellation.