High CourtsSingle Bench(2022) 05 RAJ CK 0003

Neelam Sharma vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 2 May 2022

HON’BLE JUDGES
Manoj Kumar Garg, J
RESULT
Dismissed
CASE NUMBER
S.B. Criminal Bail Cancellation Application No. 24 Of 2022

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Judgment

7 paragraphs · 247 words

Manoj Kumar Garg, J

This application has been filed under Section 439 (2) Cr.P.C. for cancellation of bail granted to the accused-respondent No.2, 3 & 4 by the learned Sessions Judge, Chittorgarh vide order dt. 21.03.2022 passed in Criminal Misc. Case No.102/2022 (CIS No.171/2022) arising out of FIR No.15/2022, P.S. Mahila Thana, Chittorgarh for offence under Sections 498-A, 406, 504, 354 of IPC and Section 4 of Dowry Prohibition Act.

Learned counsel for the petitioner-complainant submitted that the recovery of ornaments and other articles is yet pending.

The learned Sessions Judge has not considered the matter in true perspective while granting anticipatory bail to the accused-respondents No.2, 3 & 4. In these circumstances, the pre-arrest bail granted to the aforesaid accused may be cancelled.

I have considered the arguments advanced before me and perused the material available on record.

In the FIR, a specific allegation has been levelled against the accused-Piyush, who is husband of the complainant. He has already been arrested and granted regular bail by the trial court. Likewise, Pradhumna, who is younger brother-inlaw of the complainant has also been arrested and granted regular bail. The recovery sought to be made by the petitioner-complainant cannot be entertained in the present application for cancellation of bail. While granting pre-arrest bail to the respondents No.2, 3 & 4, the learned Sessions Judge has passed a reasoned order, which does not required any interference by this Court.

Accordingly, the present application for cancellation of bail is hereby rejected.