Sonu Lodha vs State Of Rajasthan And Others

Manoj Kumar Garg, J

Instant Cr. Misc. bail cancellation application has been filed by the petitioner-complainant against the order dated 10.05.2023, passed by learned Addl. District and Session Judge, Mavli, District Udaipur whereby the learned Judge has granted benefit of regular bail to the accused-respondent No.2.

Counsel for the petitioner submits that the learned trial court has committed grave error in granting benefit bail to the accused-respondent as he is misusing the same by continuously harassing and threatening the petitioner as well as other witnesses of the case. Counsel submits that the petitioner had submitted number of representations before the concerned Superintendent of Police, Inspector General Udaipur Range and DGP Police, Rajasthan and thereafter only on 13.02.2023, her statement was recorded by the Police. Further, the accused-respondent No.2 also assaulted the petitioner at the bus stand, Mavli when she was going to her home. It is therefore prayed that bail granted to accused-respondent No.2 may be cancelled by quashing the order dated 10.05.2023 passed by the trial court.

Learned Public Prosecutor and learned counsel for respondent No.2 have opposed the bail cancellation application.

The Investigating Officer is present in Court and he submitted that the accused-respondent No.2 has been bound under Sections 107 & 116(3) of Cr.P.C. He further submits that so far as the allegation levelled by the petitioner regarding threatening by the accused-respondent No.2 near bus stand is concerned, according to the CCTV footage collected by the Police and according to the statements of independent witnesses, no such incident occurred with the petitioner near bus stand.

In the aforesaid facts and circumstances of the case, no case of cancellation of bail is made out.

Hence, the cr. Misc. bail cancellation application is hereby dismissed.