DEEPIKA JANGID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant application has been preferred under Sec. 439 (2) of Code of Criminal Procedure, 1973 seeking cancellation of bail granted to the accused-respondent No.2, namely Suman Devi wife of Moolchand under Sec. 439 of Cr.P.C. by the Court of Special Judge, Protection of Children From Sexual Offences Act, 2012 & Commissions For Protection of Child Rights Act, 2005, Jhunjhunu (Rajasthan), in Criminal Miscellaneous 1st Bail Application No.18/2021 vide its impugned order dtd. 23/2/2021, in F.I.R. No.406/2020 registered at Police Station Gudhagaurji District Jhunjhunu for offences punishable under Ss. 363, 366, 354 (B), 376/511 of Indian Penal Code and under Ss. 7/8 and 11/12 of the Protection of Children From Sexual Offences Act, 2012.

(2.) Learned counsel appearing for the petitioner/complainant submits that the accused-respondent No.2 has supported the other accused-persons in abducting the petitioner/complainant and the other accused attempted to commit rape with her. Counsel further submits that the petitioner/complainant, in her statement recorded under Sec. 164 of Cr.P.C., has specifically stated that her mother Smt. Suman Devi was having illicit relation with accused Sarjeet and she used to give sleeping pills to her in night and used to send the accused in her room and accused Sarjeet always committed rape with her, which clearly shows that the accused-respondent No.2 was also involved in the heinous crime. Lastly, counsel prays that the present application be allowed and the liberty of bail, so granted to the accused-respondent No.2 by the Court of learned Special Judge, Jhunjhunu be cancelled forthwith and she may be ordered to be sent behind the bars.

(3.) Learned Public Prosecutor appearing for the State has opposed the bail cancellation application.