Code of Criminal Procedure, 1973–Sec. 438–Penal Code, 1860–Secs. 354, 354-B, 506(2) & 376–Order of granting the anticipatory bail–Sustainability–Earlier, the bail was granted on the ground of non-compliance with Sec. 41-A, Cr.P.C.–Thereafter, the new offence u/s. 376 was added and the State moved the application for cancellation of bail–Application was allowed–Accused moved the application for anticipatory bail before the Addl. Sessions Judge which was rejected and the plea of honeytrap was rejected–High Court granted the anticipatory bail having been swayed by the “star variations in the narrations of the prosecutrix”–There was still sufficient material in the FIR that would prima facie attract the provisions of Sec. 376–Further, the High Court did not afford the opportunity of hearing to prosecutrix even though her counsel was present–Impugned order of the High Court cannot be sustained.
