CHHOTU LAL SWAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned. None appears for respondent no.2, despite service. Counsel for the petitioner/complainant has moved this bail cancellation application on the ground that the respondent in continuity of the earlier offence has once again committed offence, for which, FIR has been lodged bearing no.23/2021 on 16/2/2021 under Ss. 458, 384, 504 & 506 IPC.

(2.) Counsel for the petitioner submits that while bail was granted on 4/1/2021, respondent no.2 forcibly entered the marriage venue of the petitioner, hurled abuses and threatened to kidnap the couple and pour acid over them. Learned PP submits that the allegations made in the FIR No.23/2021 has been thoroughly investigated and have been found to be correct as respondent no.2 arrived at marriage venue while he was drunk with a toy pistol and tried to attack the family members. He was apprehended on the spot by the police and charge-sheet regarding the said offence was filed before the trial court on 30/4/2021.

(3.) Counsel for the petitioner has shown the judgment of Hon'ble Apex Court in the matter of Aslam Babalal Desai Vs. State of Maharashtra reported in AIR 1993 Supreme Court page-1, relevant portion of which reads as follows:-