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2021 Supreme(Raj) 1933

DEVENDRA KACHHAWAHA
Nandlal Acharya – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
Mr. Anoop Dhand, for the Appellant; Mr. S.S. Ola, PP, Mr. Vijay Poonia, Mr. Balmukund Dhakad, for the Respondent.

ORDER

1. Heard learned counsel for the petitioner appearing through video conferencing and learned Public Prosecutor and learned counsel appearing on behalf of the complainant, present-in-person. Perused the material available on record.

2. Learned counsel for the petitioner stated that no opportunity was given to the complainant at the time of granting anticipatory bail by learned trial Court. He further stated that if an opportunity was granted to the complainant, the situation would have different; he can place factual situation before learned trial Court and in that eventuality, the interim order would not have been passed by learned trial Court. In support of his contentions, learned counsel for the petitioner relied upon the following judgments as under:

    1. Brij Nandan Jaiswal V/s Munna @ Munna Jaiswal and Anr. reported in (2009) 1 SCC 678.

2. J.K. International V/s State, Govt. of NCT of Delhi & Ors. reported in AIR 2001 SC 1142.

3. Kunhiraman V/s State of Kerala reported in ILR 2005 (2) Kerala 139.

He further stated that on the ratio laid down in above cases, impugned order passed by learned trial Court in a bail be cancelled.

3. Learned Public Prosecutor and learned counsel appea

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