LAWS(RAJ)-2009-2-53

ANITA SHARMA Vs. STATE OF RAJASTHAN

Decided On February 13, 2009
ANITA SHARMA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This order governs the disposal of an application filed under Section 439(2) of Cr.P.C. by the petitioner Anita Sharma seeking cancellation of bail of the respondent No. 1 who has been granted anticipatory bail vide order dated 20th December, 2008 rendered by learned Sessions Judge, Jaipur District Jaipur.

(2.) Heard the learned counsel for the petitioner, learned counsel for the respondent as also learned Public Prosecutor appearing for the State and perused the relevant provisions of law as also relevant material available on record.

(3.) Learned counsel for the petitioner has craved the cancellation of bail on the following grounds :- (i) That the offence wherein the accused-respondent is found to be involved are of grave nature. (ii) That the recovery of CD and naked photographs of the complainant-petitioner are yet to be made from the possession of the accused-respondent Ramvilas Vijay. (iii) That the learned lower Court lost sight of the statements made by the petitioner under Section 164 of Cr.P.C. which constitute the offence under Section 376 of IPC. Hence, the benefit of anticipatory bail granted to the respondent deserves to be withdrawn.