RAJBALA Vs. STATE

JUDGEMENT

(1.) This petition under Section 439 (2) Cr. P.C. seeks quashing of the order dated 7/7/2004 granting bail to non-petitioner No. 2 Om Prakash by the learned Sessions Judge Khetri in F.I.R. No. 165/2004 PS Buhana for the offences under Sections 376, 354, 323, 341, 324 and 511 IPC.

(2.) The relevant facts necessary for the disposal of this petition are that the aforesaid criminal case came to be registered on the basis of a Parcha Bayan of Smt. Rajbala, the prosecutrix alleging rape with her by accused non petitioner No. 2 at about 8.00 A.M. one 26/6/2004 when she was cutting green grass in her field. The main and sole ground for cancellation of bail is that the bail was granted within a period of 7 days from the date of the arrest of the accused without taking into consideration the relevant facts of the case and the entire material including the statement of the prosecutrix recorded under Section 164, Cr.P.C.

(3.) I have heard at length learned counsel for the parties and the learned Public Prosecutor for the State. I have also perused the relevant documents placed before me as also the authorities cited at the bar.