ASRUDEEN SON OF HURMAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Complainant-Petitioner has filed this petition under Section 439(2) Code of Criminal Procedure, 1973 seeking cancellation of bail in F.I.R. No.391/2014 registered at Police Station Sikari, District Bharatpur, for offences u/S. 376 Indian Penal Code 1860 and Section 3 and 4 Protection of Children from Sexual Offence Act, 2012.

(2.) Learned counsel for the petitioner has submitted that the prosecutrix was aged about 14 years at the time of incident. It is the case of the prosecution that respondent No.2 and his co-accused Asru had raped the prosecutrix. Prosecutrix while appearing in the witness-box as a PW-1 has duly supported the prosecution case. So far as accused Asru is concerned, challan was not presented against him. However, application under Section 319 Code of Criminal Procedure, 1973 for summoning the accused Asru to face the trial is pending before the Trial Court. Bail has been granted to the respondent No.2 by the Trial Court on the ground that he is in custody since 17.3.2015. However, the Trial Court while granting bail to respondent No.2 has failed to take into consideration the seriousness of offence committed by him.

(3.) Learned counsel for the respondent No.2, has opposed the petition and has submitted that respondent No.2 is in custody since 17.3.2015 and due to this reason, Trial Court has granted bail to him vide impugned order dated 22.10.2016.