Advocates:
['DHARAM VEER THOLIA', '', 'HIMANSHU THOLIA', 'UMESH VATWANI', 'RAVINDRA KUMAR PALIWAL']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Bail Cancellation Application No. 82/2020

Bajrang Lal S/o Shri Dhanna Lal, R/o Kairot P.S. Bhinai Dist.

Ajmer (Raj.)

----Complainant-Petitioner

Versus

1.

State Of Rajasthan, Through PP

------Non-Petitioner

2.

Sita Ram S/o Shri Ram Gopal @ Gopal Keer, aged 20

Years, R/o Kairot Police Station Bhinai District. Ajmer

(Raj.)

----Accused-Respondent

For Petitioner(s)

:

Mr. Dharam Veer Tholia

For Respondent(s)

:

Mr. Deshraj Gosingha, PP

Mr. Ravindra Kumar Paliwal and Mr.

Umesh

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

Date of Pronouncement

:::

March ___, 2021

The present criminal misc. application for cancellation

of bail has been filed by the complainant-petitioner u/s 439(2)

Cr.P.C praying therein to cancel the bail granted to accused

respondent- Sita Ram.

Facts of the case in nutshell are that on 09.02.2020

complainant non-petitioner lodged an FIR No. 26/2020 at Police

Station Bhinay, District Ajmer for the offence under sections 363,

365, 376, 302 IPC and sections 3,4 of the POSCO Act, 2012

mentioning therein that the victim (his niece) who is daughter of

Satya Narayan is missing since 07.02.2020. She came from her

in-laws house to attend the marriage but did not return to home.

(2 of 6)

[CRLBC-82/2020]

On 08.02.2020 near about 6:00 PM, hue and cry of the victim

came from the closed ‘Nohara’ of the accused respondent. On

search, the victim was found in unconscious condition in the

aforesaid ‘Nohara’. She was taken to the hospital but on the way

she died. At the time of death, victim was having pregnancy of 5

months. The accused person kidnapped her and kept her in his

‘Nohara’ and repeatedly committed rape with her. During the

course of the investigation, the police arrested the accused-

respondent. The accused respondent moved bail application u/s

439 Cr.P.C. before the court below which was dismissed vide order

dt. 09.06.2020. Thereafter, the accused respondent moved bail

application before this Court which was allowed vide order dated

28.07.2020.

Learned counsel for the petitioner-complainant submits

that as per the academic record, the victim was 17 years 7

months of age at the time of alleged incident. Accused respondent

wrongfully confined the victim and repeatedly committed rape

with her as a result of which she consumed poison. As per the

post mortem report of the victim, there was blood on her private

parts. As per information u/s 27 of the Indian Evidence Act,

recovery of one empty container poisonous substance and

identification of place of incident was made at the instance of

accused respondent. Learned counsel submitted that this Court

while granting bail to accused respondent has erred in not

considering the statements recorded by the police u/s 161 Cr.P.C.

Learned counsel further submitted that after release of the

accused respondent on bail, he threatened the family members of

the deceased. Thus, the criminal misc. application for cancellation

of bail filed by the complainant petitioner be allowed and the bail

(3 of 6)

[CRLBC-82/2020]

of accused respondent granted by this Court on 28.07.2020 be

cancelled.

Learned counsel for the petitioner-complainant in

support of his submissions has placed reliance upon the following

judgments:

1. State of Orissa vs. Mahimananda Mishra reported in

(2018) 10 SCC 516 and

2. State of Bihar vs. Rajballav Prasad alias Rajballav Prasad

Yadav alias Rajballabh Yadav reported in (2017) 2 SCC 178

Learned counsel for the accused respondent opposed

the averments made in the aforesaid application and submitted in

the reply filed by him that this Court granted bail to the accused

respondent after taking into consideration the facts and

circumstances of the case and entire material available on record.

T