Yashwant Varma, J. - (1.) Heard Sri Sagir Ahmad, the learned AGA for the applicant and Sri H.N. Singh, learned Senior Counsel assisted by Sri Pramod Kumar for the opposite party.
(2.) This application by the State seeks cancellation of bail granted to the opposite party on 2 May 2017. It appears that the co-accused had preferred SLP (CRL) 8098 of 2017 challenging an order passed by a learned Single Judge refusing to grant bail to him in terms of an order dated 6 September 2017. On the said SLP, the Supreme Court had noted the stand of the State that it proposed to file an application seeking cancellation of bail. Noticing the said contention liberty was granted to the State to file such an application. The application itself was filed thereafter on 11 December 2017. By an order dated 15 December 2017 notices were issued on this application to the opposite party. By a subsequent order dated 24 January 2018, the Supreme Court has directed the disposal of this application without any further delay. This application itself was included on the board of this Court on 25 January 2018 pursuant to an order of nomination made by Hon'ble the Chief Justice on 24 January 2018. The matter was adjourned on that date since none had appeared on behalf of the opposite party. It was accordingly directed to be included in the list of 1 February 2018 and the learned AGA was directed to serve due notice of these proceedings on the counsel for the opposite party. On 1 February 2018, the opposite party was represented by counsel before Court and with the consent of parties, the application itself was set down for final hearing on 6 February 2018.
(3.) The opposite party is named in a First Information Report bearing Case Crime No. 213C/2016 registered on 7 August 2016 and alleging commission of offences under Sections 342, 376B read with Section 3(2)(5) of the SC/ST Act 1989. The allegation in the FIR briefly put is that the victim was raped at gunpoint by the opposite party and the co accused Umesh Singh. The incident is stated to have taken place on 24 July 2016 and the victim immediately after the occurrence of the incident is also stated to have divulged details thereof to her neighbors including one Smt. Santosh Kumari. The allegations of rape as made in the FIR are borne out and supported by the statement of the victim recorded under Section 164 Cr.P.C. The opposite party was granted bail by a learned Single Judge of the Court with the following observations: "The contention as raised at the Bar by the learned counsel for the applicant is that the applicant has been falsely implicated in the present case, reasons in regard has been given in paragraph no. 6 onwards of the bail application; the alleged victim a married woman with child; initially after investigation the police has submitted final report, however, thereafter the matter was further investigated and the chargesheet has been filed wherein the applicant has been named. It is lastly contended that the applicant is in jail since 9.11.2016 with no previous criminal history. The bail application has been vehemently opposed by learned A. G. A. Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution. The prayer for bail is granted. The application is allowed. ...........";