CRLMB4438/2010 (cancellation) // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Cr. Misc. Bail Cancellation Application No.4438/2010 Smt. Rubeena Vs. State of Rajasthan through Public Prosecutor and Sarfudeen Date of Order ::: 05.07.2010 Hon'ble Mr. Justice Mohammad Rafiq Shri Azad Ahmed, Counsel for complainant-petitioner Shri Amit Punia, Public Prosecutor #### By the Court:- Learned counsel for complainant-petitioner argued that learned Additional Sessions Judge has acted illegally in granting bail to accused- respondent pending trial of the case only because no injuries were sustained by complainant showing the marks of resistance and that they belong to same community. It is contended that bail could not have been granted even otherwise because the challan was not filed. He also referred to the statement of the prosecutrix recorded under Section 164, Cr.P.C. Upon hearing learned counsel for complainant-petitioner as well as learned Public Prosecutor and perusing the material on record including the aforesaid statement and injury-report of the prosecutrix, I find that the learned court below was persuaded to exercise its discretion in favour of granting bail to accused-petitioner on cisderation of various facts including the statement of prosecutrix recorded under Section 164 Cr.P.C., and appreciating the medical report which did not indicate any injury or mark of resistance shown by her and the fact that she had stated that when the accused committed the offence and she CRLMB4438/2010 (cancellation) // 2 // raised hue and cry, the husband of her sister-in- law came there and caught the accused. Grant of bail and cancellation thereof involve different considerations. In the present case the exercise of discretion by the court below in granting bail in favour of accused-respondent does not apparently show any such illegality or infirmity as may warrant cancellation of an already granted bail in totality of circumstances. The application for cancellation of bail is rejected. (Mohammad Rafiq) J. //Jaiman//