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Judgment
O.P. Jain, J.—Mr. N.B. Singh is present for the revisionist, N.K. Sharma, for the complainant and A.G.A. for the State.
This revision is directed against the order dated 2nd September, 1998, by which Hnd Additional District Judge/Special Judge (S.C. and S.T. Act) Jalaun at Orai, has cancelled the bail granted to the revisionist on 15.2.1997.
The incident of rape is said to have taken place on 1st of February,1997. The accused was bailed out on 15.2.1997. It is alleged by the complainant that on the very next day the accused abused the prosecutrix and on 14.3.1997 he gave a beating to the husband of the prosecutrix.
It is argued on behalf of the revisionist that it is highly improbable that the accused will threaten the complainant on very next day of his being released on bail. It is further argued that there is no police report or complaint so far the incident dated 14.3.1997 is concerned.
It is not necessary to express any opinion on these contentions. It is sufficient to say that the bail was cancelled by order dated 2.9.1998 and on 10.9.1998 this Court stayed the operation of the said order. Thus, the accused remained on bail for about one and a half year and trial must be at its fag end. Looking to the facts and circumstances of the case it is not a fit case in which the accused-Applicant who has been granted bail, should be sent to jail.
Accordingly, the revision is allowed and order dated 2.9.1998 passed by IInd Additional District Judge/Special Judge (S.C. and S.T. Act) Jalaun at Orai, is set aside.
The Court concerned is directed to expedite the trial of the case.