JUDGMENT :

By way of the present petition under Section 439(2) of the Code of Criminal Procedure, 1973, the petitioner State has prayed to quash and set aside the order dated 23.05.2022 passed by the learned 2nd Additional Sessions Judge, Bharuch – Ankleshwar in Criminal Misc. Application No.324 of 2022, whereby the learned Session Judge has granted regular bail granted to the respondent – original accused in connection with offence punishable under Sections 376(3), 323, 337, 504, 506(2), 114 of Indian Penal Code as well as under Sections 4, 6 and 12 of the POCSO Act and Sections 3(1)(r)(s), 3(2)5, 3(2)(5-A), 3(1)W(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act), 1989 registered vide Cr. 11199005220171 of 2022 before Netrang Police Station.

2. The short facts of the case are that on the date of incident while the victim after taking dinner had gone out, at that time, she received a message in her mobile phone from the accused no.1–respondent no.1 asking her to come at the terrace of one Mr.Kishorbhai Mahraj threatening her that in failure of her coming, he will cut his hand and therefore victim having scarred went to terrace; where accused – respondent