Code of Criminal Procedure, 1973–Sec. 389 [Corresponding Sec. 430 of BNSS, 2023]–Protection of Children from Sexual Offences Act, 2012–Secs. 3/4(2)–Suspension of sentence–Justification–Eleven cases are mentioned against the respondent-accused in which five have ended in acquittal and six are pending–High Court did not consider this aspect–Submission that there is no allegation of post bail misconduct or breach of conditions warranting for setting aside of the bail order is, fallacious–Case of the State that the FSL/DNA report has been received after conclusion of trial–Independent of this fact and considering the nature of case and antecedents of respondent no. 2, reasons given by the High Court falls short–As per evidence of the prosecutrix, respondent no. 2 closed her mouth at gunpoint and forcibly took her and committed rape–Impugned order is liable to be set aside.
