JUDGMENT :

1. Heard Mrs. Zeba Parveen, applicant appears In-person, Sri Rajrshi Gupta and Sri Rizwan Ahmad, learned counsels for the first informant and Sri O.P. Mishra, learned A.G.A. for the State.

2. This bail cancellation application has been moved by the applicant/first informant-Zeba Parveen, with a prayer to cancel the anticipatory bail granted to opposite party no.2 by order dated 21.11.2022 arising out of Case Crime No.0082 of 2022, under sections-328, 376, 506 I.P.C.

3. The facts relevant for the purpose of disposal of this bail cancellation application are as below:-

The first informant lodged an F.I.R. naming opposite party no.2 with the allegations that she got married to one Civil Engineer on 27.04.1985; her husband has been staying in Saudi Arab in relation to his job from 2014 to 2017; in 2015 her neighbour introduced her to the accused and they started meeting each other; her husband returned and began staying at Mumbai and she was staying at Kanpur. It is further alleged in the F.I.R. that on 12.02.2018, accused came to her house and administered her some drink laced with certain intoxicating substance; she became half conscious; taking advantage of such a situation, he committed rape on her; he also prepared a video of the act and thereafter assured her that he will marry her and that she should not disclose anything to anybody else. It is alleged in the F.I.R. that thereafter he committed rape on her several times extending threat to make the video viral; he forced her to take divorce from her husband by khula method of “Talaaq”; she obtained divorce on 21.09.2021; he took her to Germany on false assurance of getting married there. Later, he reclined and asked her to stay with him without formal marriage ceremony; she has been sexually exploited on false assurance of marriage, therefore F.I.R. was lodged.

On the basis of this F.I.R. (Case Crime No.0082 of 2022), investigation commenced; the opposite party no.2 moved an application for grant for anticipatory bail before the learned Sessions Judge, Kanpur Nagar and was granted the same on 21.11.2022; now the applicant/first informant is before this Court praying for cancellation of anticipatory bail to the opposite party no.2.

4. The contentions of the applicant in nutshell are as below:-

(I) The opposite party no.2 was granted interim bail/interim protection during the pendency of anticipatory bail application and during that period, on 09.11.2022 she was stalked by four persons who threatened her to stop approaching the lower court; she complained of that incident to the Police Commissioner, Kanpur Nagar. The opposite party no.2 has been extending threats to her through various means to dissuade her from opposing his bail. Therefore, she made another complaint to police on 14.11.2022 and Case Crime No.136 of 2022, under sections-341, 504, 506 I.P.C. has been lodged.

(II) The opposite party no.2 made a false promise of marriage to her; he kept on introducing her as his fiancee and to be wife to his friends and relatives all this while; thereafter he abruptly pulled out of such alignment and refused to sign the “Nikaahnama” in front of Kazi and witnesses. Whenever she raised the subject of marriage, he would begin threatening her; she lost her children as well as her former husband because of fraud played on her.

5. In the counter affidavit filed on behalf of the opposite party no.2, in brief it is said that all the allegations in the F.I.R. are absolutely false; the wife of opposite party no.2 filed a complaint against the first informant regarding threat to life and heavy demand made by her; the wife of opposite party no.2 specifically mentioned in her complaint that Zeba Parveen lured her husband to enter into physical relationship and got a video prepared of it; she has been using this incident to blackmail opposite party no.2 to fulfil her demand of illegal money; the opposite party no.2 is wholly innocent; reality is, relations between them were consensual in n