RAJESHWARI Vs. STATE OF RAJ. & ANR.

JUDGEMENT

(1.) This application for cancellation of bail u/s. 439(2) Crimial P.C. seeks cancellation of bail order dated 12.4.2002 granting anticipatory bail to the non-petitioner Chhanga by the learned Addl. District & Sessions Judge, Deeg in Cr. Misc. Application No. 123/02 arising out of FIR No. 127/02 RS. Deeg for the offences u/ss. 323, 341, 354, 379 and 376 IPC.

(2.) The relevant facts are that a written report was lodged by Smt. Rajeshwari at RS. Deeg on 3.3.2002 to the effect that on 2.3.2002 at 5.00 p.m., she had gone to fetch water from the well, Chhanga, the accused came from the front and hugged her from behind. When she resisted, he caused injuries to her on her hands and back etc. On her crying, Mst. Meena came and rescued her. Non-petitioner Chhanga went away from there after snatching her silver chain. Thereafter she made another report on 5.3.2002 to the S.R Bharatpur wherein she stated that on 2.3.2002 at about 5.00 p.m. she had gone to fetch water from the well, the non-petitioner accused Chhanga emerged out of mustard field where he threw her on the ground and committed rape with her. She received abrasions on her feet. On her raising hue and cry Mst. Meena and Supriya came running and on seeing them, non-petitioner Chhanga ran away.

(3.) The non-petitioner No. 2 moved an application for anticipatory bail u/s. 438 Cr.RC. before the learned Addi. District & Session Judge, Deeg who after hearing the parties and upon a perusal of the granted him anticipatory bail vide impugned order. The complainant has, therefore, filed this application for cancellation of the said order.