1 S.B.CR.MISC. BAIL (CANCELLATION) APPLICATION NO. 25/2008 (Shrawan Ram Vs. State of Rajasthan & Anr.) DATE OF ORDER : 11th December 2009 HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr.Mahesh Thanvi for the applicant Mr.Sunil Mehta for the non-applicant No.2 Mr.Mahipal Bishnoi, Public Prosecutor By way of this application, the applicant seeks cancellation of bail granted by the Additional Sessions Judge, Nagaur on 10.09.2008 to the non-applicant No.2 Hukma Ram under Section 439 Cr.P.C. in relation to FIR No.79/2008 Police Station, Khinvsar involving offences under Sections 366, 376 IPC. It has been informed that in this matter, charge-sheet has been filed but charges are yet to be framed. It has further been informed that S.B.Cr.Misc.Petitioin No.1032/2009 Hukma Ram Vs. State is pending in this Court as moved by the accused in relation to the order passed by the learned Trial Court declining to summon one DVD, allegedly carrying the recording of the statement of prosecutrix. The learned counsel appearing for the applicant in this application for cancellation of bail argues that the learned Sessions Judge was not justified in granting bail to the 2 accused particularly when there are specific allegations made by the prosecutrix in her statement under Section 164 Cr.P.C.; and that mere suggestion about incongruity in the statements under Sections 161 and 164 Cr.P.C. could have hardly been taken sufficient for grant of bail for there being no contradiction on the material aspects of accusation. After having heard the learned counsel for the parties and after having taken into consideration the totality of facts and circumstances and the present status of the trial, this Court is unable to find the present one to be a case where continuing with the liberty of the accused would not be conducive to the fair trial of the matter nor could it be said that the bail plea was allowed by the learned Additional Sessions Judge, Nagaur on entirely irrelevant considerations. In the totality of circumstances, at this stage, and on the submissions as made, this Court does not find it justified to cancel the bail granted to the non-applicant. The application for cancellation of bail stands rejected. Of course, it is made clear that none of observations herein shall have any bearing on the merits of the case. (DINESH MAHESHWARI),J. MK