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2020 Supreme(MP) 1278

ANAND PATHAK
SUNITA GANDHARVA – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
For Appellant : H. K. Shukla
For Respondent: C. P. Singh, Gaurav Mishra

ORDER : – The instant application under section 439(2) of Code of Criminal Procedure has been preferred by the applicant /complainant (hereinafter shall be referred to as “complainant”) for cancellation of bail granted to respondent No. 2/accused (hereinafter shall be referred as “accused”), who was enlarged on bail by this Court vide order dated 26-2-2020 in Criminal Appeal No. 1759/2020. Accused is facing trial for offence under section 363, 366-A, 376 of Indian Penal Code and section 3(1)(w)(ii) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “Atrocities Act”) and section 3/4 of Protection of Children from Sexual Offences Act, 2012 (for short “POCSO Act”).

2. It is the submission of learned counsel for the complainant that earlier accused kidnapped the minor daughter of complainant, aged 16 years for which complaint was made and FIR was registered vide crime No. 486/2019 on 25-8-2019 for offences referred above. Accused was arrested on 3-9-2019 and after investigation charge-sheet was filed. Thereafter, accused preferred application under section 439 of CRIMINAL PROCEDURE CODE before the trial Court for bail but same was dismissed, t

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