Prashant Kumar Agarwal, J. - (1.) HEARD learned counsel for the parties.
(2.) AS both the aforesaid applications for cancellation of bail pertain to the same FIR i.e. FIR No. 49/2013 registered at Police Station Mahila Thana (North), Jaipur for the offences under Sections 498 -A, 406, 323 & 315 IPC, therefore, with the consent of learned counsel for the parties they were heard together and are being disposed of by this common order. By way of first application i.e. SB Criminal Misc. Bail (Cancellation) Application No. 6476/2013, the complainant -applicant seeks cancellation of bail granted to the accused -respondent -Shri Aashish Tak by the Additional Sessions Judge No. 4, Jaipur Metropolitan, Jaipur in Bail Application No. 31/2013 vide order dated 29.5.2013 while exercising its power under Section 439 Cr.P.C. whereas in other application i.e. SB Criminal Misc. Bail (Cancellation) Application No. 6417/2013 benefit of anticipatory bail under Section 438 Cr.P.C. was granted by the learned Single Bench of this Court (Hon'ble Mr. Justice J.K. Ranka) vide order dated 26.6.2013 in SB Criminal Misc. Bail Application No. 6051/2013.
(3.) BRIEF relevant facts for the disposal of these applications are that the aforesaid FIR was registered at Police Station, Mahila Thana on 8.4.2013 on the complaint of the complainant -applicant for the aforesaid offences against the respondents and other family members and investigation commenced. The accused -respondent -Shri Aashish Kumar was arrested during investigation and ultimately benefit of bail under Section 439 Cr.P.C. was granted to him whereas accused -respondent Shri Surendra Kumar Tailor apprehending his arrest initially moved for grant of anticipatory bail before the Additional Sessions Judge, but the same was refused and later on when he approached the High Court, benefit was granted vide order dated 26.6.2013.;