Neelu Choudhary vs State Of Madhya Pradesh And Others

Sanjay Dwivedi, J

Applicant has filed this application under Section 439(2) of the Code of Criminal Procedure for cancellation of bail granted to respondent No.2/accused vide order dated 17.01.2022 passed in MCRC No. 412/2022.

Learned counsel for the applicant submits that a crime was registered against the respondent No.2/accused vide Crime No. 54/2021 at Police Station Mahila Thana, Katni for the offence punishable under Sections 376, 376(2)(N) and 506 Part-2 of the Indian

Penal Code. She submits that in pursuance to registration of the said crime, the respondent No.2/accused was arrested on 28.11.2021. She submits that thereafter an application was moved by the respondent No.2 before the trial court, which got rejected and then an application under Section 439 of Cr.P.C. was filed by him before this Court, which was registered vide MCRC No. 412/2022. Counsel submits that after hearing the arguments advanced by the learned counsel for the parties and taking note of the facts of the case existing, vide order dated 17.01.2022 this Court granted bail to respondent No.2 on the ground that both applicant and the respondent No. 2 were ready to get married as both were major and educated and were in affair since long. However, after granting bail, it is alleged by the learned counsel for the applicant that respondent No.2 refused to marry with the present applicant and this application has been filed accordingly for cancellation of conditional bail granted to respondent No. 2.

This matter has been listed before this Court time and again and this Court tried to convince both the parties to comply the condition for which bail has been granted to respondent No.2 but finally today parents of respondent No. 2 have refused to comply with the condition of bail and submitted before the Court that respondent No.2 is ready to surrender before the court concerned, if this Court finally cancels the bail granted to him on 17.01.2022.

Considering the order passed by this Court on 17.01.2022 in MCRC No. 412/2022 allowing the application filed by the respondent No.2 under Section 439 of Cr.P.C. and the observation made thereunder, which reads as under:-

"Without commenting anything on merits of the case and considering the factual position that the applicant and the prosecutrix both are fully grown persons and are highly educated and they were in affairs since long and still they are ready to get married to each other, I am inclined to consider the bail application and it is accordingly allowed, subject to objection of the objector

that if applicant after his release does not enter into marriage, they can move an appropriate application."

and further looking to the situation existing, this Court has no other option but to withdraw the order passed by this Court on 17.01.2022 in MCRC No. 412/2022 and cancel the bail granted in favour of the respondent No.2.

Accordingly, this application is allowed.

The bail granted in favour of the respondent No.2/accused vide order dated 17.01.2022 passed in MCRC No. 412/2022 is hereby cancelled. The respondent No. 2 is directed to immediately surrender before the Chief Judicial Magistrate Katni, however he can move a regular bail application in the changed circumstances and that bail application, if any filed, shall be considered by the court below in accordance with law.