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Balwant vs. State of Rajasthan & Ors.

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Code of Criminal Procedure, 1973–Sec. 439(2)–Cancellation of bail on the ground that the offence u/s. 363 is made out against the petitioner on the basis of the subsequently recorded statement u/s. 164–Justification–Merely because there is another offence levelled which may be non-bailable, ipso facto bail cannot be cancelled–Prosecutrix is of 17 years and she changed her stand after ten days–Influence by other circumstances cannot be ruled out–Impugned order deserves to be set aside.