SANJU KUMARI Vs. DILIP KUMAR

JUDGEMENT

(1.) The present bail cancellation application has been filed under Sec. 439 (2) Cr.P.C. seeking cancellation of the bail granted to the accused-respondent under Sec. 439 Cr.P.C. by the Court of learned Additional Session Judge No.1 Beawar (Additional Charge), District Ajmer, vide order dtd. 12/9/2022 in F.I.R. No. 558/2022 registered at Police Station Beawar City, Ajmer, for offences punishable under Ss. 498-A, 406, 465, 467, 471, 474 and 201 of I.P.C.

(2.) Learned counsel for the petitioner submits that learned trial court did not appreciate the fact that the petitioner-complainant belongs to Scheduled Caste and the accused husband namely Dilip Kumar belongs to other backward classes category and he has committed cruelty with the petitioner. When the fact of caste came into the knowledge of accused Dilip Kumar, he obtained a caste certificate on the basis of forged documents to save himself. It is further submitted that learned trial Court did not consider the fact that the office of Tehsildar, Ajmer issued a letter dtd. 6/7/2022 to the petitioner mentioning inter-alia that the accused Dilip Kumar belongs to OBC category and certificate of OBC No.8104 dtd. 21/7/2004 has already been issued in his favour. The Petitioner also registered another FIR bearing No.727/2022 under Ss. 420, 467, 468, 471 and 120-B of I.P.C. and the police itself merged both the FIRs. Lastly, the accused-respondent is giving threat to the complainant-petitioner and her family members and he is also tampering with the evidence. Hence, the bail granted to the accused respondent may be cancelled.

(3.) Learned counsel for the State and learned counsel for the accused-respondent have opposed the application for cancellation of bail.