IMPORTANT POINT
Bail once granted should not be cancelled without cogent reasons, and the court must consider supervening circumstances carefully.

ORDER :

1. Heard learned advocates appearing for the parties. Rule. Learned APP waives service of notice of Rule on behalf of respondent State. Rule is fixed forthwith.

2. The present revision application has been filed under section 397 read with section 401 of Cr.P.C., praying to quash and set aside the order dated 15.09.2022 passed in Criminal Misc. Application No.413 of 2022, whereby the learned Sessions Judge cancelled the bail granted to the applicant and directed the applicant to surrender before the Court in connection with the offence being FIR No.11205031220080 of 2022, registered with Mandvi Police Satation, Mandvi, Kutchchh under sections 376(2)(n), 323, 294(b), 506(2) of IPC.

3. Mr. Salim M.Saiyed, learned advocate for the applicant submitted that the bail once granted should not be cancelled as a matter of course, and the Court is required to minutely examine the allegations made by the applicant praying for cancellation of bail, and on the basis of such an allegation, could have filed an FIR before the police, where the police could have taken cognizance. Advocate Mr. Saiyed, submitted that the provision is made under section 195A of IPC; instead on 26.03.2022 another F.I.R. has been filed under sections 324 and 506(2) of IPC. Advocate Mr. Saiyed submitted that the applicant had surrendered and granted bail; thus, stated that once a bail has been granted for the FIR registered, the learned Court could not on that very ground cancel the bail granted to the applicant in the earlier matter.

3.1 Advocate Mr. Saiyed submitted that the victim has deliberately filed such a complaint, as the victim, aged about 27 years, belatedly filed the complaint, when the relation between the applicant aged about 32 years and the victim turned sour alleging rape, where factually it was consensual relationship.

3.2 Advocate Mr. Saiyed submitted that filing of another FIR cannot be made ground for cancellation of bail. Mr. Saiyed further stated that the bail came to be cancelled by observing that conditions nos.1, 2 and 3 have not been followed, and there has been breach of the condition. Mr. Saiyed stated that in subsequent FIR, the police has not invoked the provision of section 195A, since the police has not found any such offence.

3.3 Advocate Mr. Saiyed further submitted that the injury as observed of the victim are very normal, and such injury could be sustained by any woman, who would be wearing ornaments. Mr. Saiyed stated that the allegation was of injury with the hard and blunt substance before the Doctor, while examining the victim; however, in the alleged subsequent FIR, the allegation is of use of knife to threaten the complaint – victim, and, thus Mr. Saiyed submitted that in absence of any invocation of section 195A of IPC in the FIR subsequently registered against the applicant on 26.03.2022, the learned Judge ought not to have come to the conclusion that the applicant had threatened the victim.

3.4 Advocate Mr. Saiyed further stated that the witnesses, who have supported the victim are not the immediate neighbours, but are all related persons, who have not given the correct facts. Mr. Saiyed submitted that had the immediate neighbour been examined by the police, then would have known whether the applicant had entered the place within the jurisdiction of the police station.

4. Mr. Trupesh Kathiriya, learned APP submitted that the second FIR registered against the accused itself is a ground for cancellation of bail, and submitted that the injuries noted are sharp injuries with sharp object and the abrasion is with blunt object, and, thus stated that for fair trial and as victim could have remain in peaceful atmosphere for giving her deposition, the order passed by the Sessions Judge cancelling the bail should sustain.

5. In the FIR, which has been registered at Mandvi Police Station being FIR No.112050311220080 of 2022 under sections 376(2)(n), 323, 294(b), 506(2) of IPC, the applicant was arrested and granted bail in Criminal M