(1.) The instant bail cancellation application is filed for cancellation of bail granted under Sec. 439 Cr.P.C. to the accused non-petitioner vide order dtd. 16/2/2023. The accused non-petitioner was arrested in connection with FIR No. 592/2022 registered at Police Station Sikandra District Dausa for the offence(s) under Ss. 376(2)(N), 506 of IPC.
(2.) Learned counsel for the victim-petitioner has challenged the impugned order, primarily, on the following grounds:
(3.) Per contra, learned counsel for the accused/non-petitioner submits that the victim in question is a major married lady aged about 21 years who was acquainted and in a close relationship with the accused/non-petitioner, who is also a young man aged about 27 years with no criminal antecedents. It is submitted that investigation in the matter is complete and charge- sheet has been filed, wherein no case is made out under the Information Technology Act, 2000. Learned counsel for the accused/non- petitioner has also placed on record the details of telephonic conversations between the victim and accused and has highlighted that the parties had talked to each other at around midnight, immediately prior to the alleged incident.