JUDGMENT

1. The present bail cancellation application has been filed under Section 439(2) Cr.P.C. The petitioner has been arrested in connection with FIR No.257/2021 registered at Police Station Kotwali Dausa, District Dausa for the offence under Section 306 IPC and later on for the offence under Section 305 IPC.

2. Learned counsel for the petitioner contended that the learned Sessions Court committed error in granting bail to the accused respondent in view of pendency of investigation. He submitted that an apprehension of subjecting the deceased to rape was also cast in the FIR and without waiting for the report of the Forensic Science Laboratory, learned Sessions Court erred in extending the petitioner benefit of bail. He, therefore, prayed that the order dated 17.05.2021 be set aside and the benefit of bail extended to accused petitioner be canceled.

3. Learned Public Prosecutor supported the prayer. Learned counsel for the accused petitioner opposing the prayer submitted that the allegations in the FIR even did not constitute offence under Section 305 IPC. He submitted there is nothing on record to warrant an inference that the deceased was subjected to rape by the petitioner. He