LAWS(RAJ)-2021-3-119

KALIDEVI Vs. STATE OF RAJASTHAN

Decided On March 17, 2021
Kalidevi Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Complainant/petitioner has filed this bail application under Section 439 (2) Code of Criminal Procedure, 1973 seeking cancellation of bail granted by this Court to the respondent No.2/accused vide order dated 03.07.2020 in F.I.R. No. 43/2020 registered at Police Station Pratapgarh, District Alwar, for the offence under Sections 376, 323, 341 & 34 of IPC.

(2.) Learned counsel for the petitioner submitted that after his release on bail, the respondent No.2 misusing his liberty, is continuously harassing and threatening the petitioner and her family members to withdraw the criminal case filed by her against him. Learned counsel, relying on the explanation of the Superintendent of Police, Alwar dated 01.12.2020, submitted that on her complaint, the respondent No.2 was not only arrested under Section 151Cr.P.C.; but, a complaint was also filed against him under Sections 107 and 116(3) Cr.P.C. before the Executive Magistrate Thanagazi, Alwar. He, therefore, prayed for cancellation of benefit of bail extended to the respondent by this Court vide order dated 03.07.2020.

(3.) Learned Public Prosecutor supported the prayer made by the learned counsel for the petitioner.