( 1 ) THIS petition has been filed onbehalf of Om Prakash, the father of the deceased Bimla, under section 439 (2) read with section 482 of the Criminal Procedure Code (hereinafter REFERRED TO to as the Code ) for cancellation of bail granted to respondent No. 1 Karan Singh by the learned Additional Sessions Judge, Shahdara vide order dated 16th September, 1992.

( 2 ) THE case of the prosecution is that respondent No. 1 Karan Singh, who is employed as Head Constable in Delhi Police, had been teasing and harassing deceased Bimla, who was residing in his neighbourhood at the relevant time. It is further alleged that on the night intervening 31st July and 1st August, 1992, respondent No. 1 committed criminal trespass into the house of the petitioner when the petitioner was not at home and was on duty and committed rape on his deceased daughter Bimla, who was aged about 16 years and was a student of Xth class. It is further alleged that hearing the cries of the deceased, her mother, who was sleeping at the ground floor, came out and spotted respondent No. 1 coming down from the stairs and when asked as to why he had come to the terrace, he pushed her mother and threatened her.

( 3 ) IT is further alleged that on 1st August, 1992 at about 10. 00 a. m. when the petitioner came back from his duty, his wife informed him that respondent No. 1 Karan Singh had been knocking at their door at night and thereafter the petitioner alongwith his son went to the house of Karan Singh where the petitioner and his son were assaulted by respondent No. 1 Karan Singh and his brothers. It is further alleged that a report was also lodged by the petitioner at the police Post Khajuri Khas against accused Karan Singh and his brothers. It is further alleged that on 1st August, 1992 late in the afternoon, the petitioner came back after medical examination and was shocked to note that his daughter Bimla had committed suicide and had left behind a suicidal note staling that respondent Karan Singh alongwith his brothers had trespassed into their house at night and that her father and brother were assaulted. It was also stated in this note that respondent No. 1 and his brothers should be awarded extreme penalty.

( 4 ) THE postmortem on the body of the deceased was conducted on 2nd August, 1992 at about 11. 30 a. m. The opinion of the doctor who conducted the postmortem is as follows:-

"time since death about 18 hours. Death due to asphy as a result of comprassory neck. Injuries are antemortem, recent tears of hymen suggestive of sexual intercourse before death. "

( 5 ) THEREAFTER, a case was registered against respondent No. 1 at police Station Gokul Pun under section 376/306/506/34 IPC.

( 6 ) AFTER two applications filed by respondent No. l for release on bail were dismissed as withdrawn, arguments were heard on the 3rd application for bail and after hearing learned counsel for the parties Mr. J. P. Singh, learned Additional Sessions Judge, Shahdara, Delhi rejected this application on 22nd August, 1992 and passed the following order:-

"this is a case in which a 16 years old girl was allegedly raped. There is a note written by the girl, who committed suicide, against the accused involving him in an offence other than rape. But the post-mortem report says that there is evidence of rape before death. Considering all the facts and circumstances of the case I do not find any merit in the application. The same is dismissed. "

( 7 ) THEREAFTER, an application filed by respondent No. l was dismissed as withdrawn on 2nd September, 1992. Finally another application was again filed by respondent No. 1 for release on bail and this application was decided by Mr. B. S. Chaudhary, another Additional Sessionsjudge, Shahdara, on 16th September, 1992 and bail was granted to respondent No. 1. The aforesaid order granting bail reads as follows:-

"this bail application of the petitioner was rejected by Shri J. P. Singh, ASJ Shahdara on 22/8/92. I have heard both the sides