( 1 ) THIS petition for grant of bail under section 439 Criminal Procedure Code (hereinafter referred to as the Code ) has been filed by Anil Kumar Malik. During the pendency of the bail petition an application being Cr. M. 508/93 has been filed on behalf of the complainant Mrs. Kusum Malik for impleading her in the array of respondents. The aforesaid application has been strongly opposed on behalf of the petitioner. It has, therefore, become necessary to decide the question; whether applicant has a right to intervene and be heard in opposition to the petition for bail.

( 2 ) FIRST Information Report in the present case has been registered against the petitioner under sections 376/384/506/34 Indian Penal Code at the instance of the complainant Mrs. Kusum Malik. It has been alleged in the complaint that the complainant was married to one 0m Prakash Malik, who happens to be a counsin of the petitioner Anil Kumar Malik, in January, 1981. It is further stated in the complaint that before marriage the complainant wrote some letters to the petitioner and after her marrige with Om Prakash Malik had forgotton all about these letters written to Anil Kumar Malik. It is alleged t