Mahendar Kumar Goyal, j. - (1.) Complainant-applicant has filed this bail application under Section 439 (2) Code of Criminal Procedure, 1973 seeking cancellation of bail granted by this Court vide order dated 02.06.2020 in F.I.R. No. 0015/2019 registered at Police Station Mahila Thana, Bhiwadi, District Alwar (Police District Bhiwadi), for offences under-Sections 376-D,-342-&-506-of IPC.
(2.) It is contended by learned counsel for the applicant that the bail came to be granted ignoring the statement of the prosecutrix recorded under-Section 161-Cr.P.C. Relying on an interim order dated 06.02.2020, passed by the Hon'ble High Court of Punjab and Haryana in CWP No.3423/2020, 'V' (Victim) v. State of Haryana and Others, learned counsel for the applicant contended-that the accused-non-petitioner was involved in the offence and hence, the benefit of bail extended to him vide order dated 02.06.2020 by this Court deserves to be cancelled.
(3.) Heard learned counsel for the petitioner and perused the record. A perusal of the order dated 02.06.2020 reveals that the accused-non-petitioner was extended benefit of bail by this Court considering the contents of the FIR as well as the statement of the prosecutrix recorded under-Section 161-Cr.P.C. and-Section 164-Cr.P.C. In these circumstances, it does not lie in the mouth of the learned counsel for the applicant to submit that the benefit of bail came to be extended ignoring the statement of the prosecutrix recorded under-Section 161-Cr.P.C. The interim order dated 06.02.2020 passed by the Hon'ble High Court of Punjab and Haryana does not reveal any material to support the submissions made by the learned counsel for the applicant warranting cancellation of benefit of bail to the accused-non-petitioner. ;