Code of Criminal Procedure, 1973–Secs. 438/439–Situation where the
accused has been bailed out in a criminal case in which new offenses were
added subsequently–Recourse available to accused–He is to surrender and
apply for fresh bail–The investigation agency is also entitled to move the
Court seeking the custody of the accused by invoking the provisions of Secs.
437(5) & 439(2) Cr.P.C.
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 offense u/s. 376 was added and the State moved
the application for cancellation of bail–The 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 the prosecutrix even though her counsel was present–Impugned order of the High Court cannot be sustained.
