This application under Section 439(2) of the Code of Criminal Procedure has been filed by the applicant/victim for cancellation of bail granted to accused/respondent No.2 by this Court in M.Cr.C. No. 51055/2020 by order dated 21/12/2020 in an offence registered against him vide FIR No.188/2020 at Police Station Civil Lines, District Jabalpur under Sections 376, 294 and 506 of the Indian Penal Code.

2 .Learned counsel for the applicant/prosecutrix submits that respondent no.2/accused belongs to political influential family and he is continuously harassing her to enter into compromise. On earlier occasion she has filed an application for cancellation of bail and when that application was rejected accused has become more aggressive. On 11/10/2023 when she was going to market for purchase of vegetables then accused abused her and threatened for compromise in crime no 188/2020 therefore, she lodged FIR in Belbag police station and crime no. 522/2023 u/s 294, 195-A of IPC has been registered. She has also submitted an application before the higher police authorities that accused is continuously threatening her. When police did not take any action then she filed a complaint in the Court of JMFC, Jabalpur. Accused has violated the conditions of bail therefore, prays for cancellation of bail. In support of his contention, counsel for the applicant/prosecutrix has placed reliance on Ms. X vs. The State of Maharashtra and another, 2023 Live Law (SC) 205.

3.On the other hand, learned counsel for respondent No.2 has opposed the submissions advanced by learned counsel for the applicant and submitted that earlier complainant has filed an application for cancellation of bail on the same ground and that application has been dismissed vide M.Cr.C. No. 8929/2021 dated 15/06/2021. On the same grounds prosecutrix has filed this application. Prosecutrix is continuously demanding the money for compromise and threatened the accused. In this regard he has filed a application before the higher police authorities. It is further submitted that in this regard an inquiry was done by the police and it was found that allegation levelled by the prosecutrix is baseless. It is submitted that prosecutrix on 11/01/2022 came to house of the accused therefore, accused informed the police and when police came then prosecutrix went. In this regard photographs have been filed. It is submitted that accused is a government servant and prosecutrix came in his office to create nuisance. Prosecutrix has demanded Rs. 20 lacs for compromise through Whatsapp Chat. It is submitted that prosecutrix' statement has been recorded in the trial court therefore, no cause to threaten the prosecutrix for compromise is made out. In this matter prosecutrix is intentionally not producing rest of the witnesses. It is further submitted that grounds which are mentioned in the application of prosecutrix does not exist because her statement is already recorded. Under such circumstances, it is prayed that this application for cancellation of bail may be cancelled. In support of his contention, learned counsel for the respondent no. 2 has placed reliance on Bhuri Bai Vs. The State of Madhya Pradesh, 2022 Live Law (SC) 956 and Pooja Thakur Vs. The State of Madhya Pradesh and another, M.Cr.C. No. 13709/2022.

4. I have heard the counsel for the parties and perused the case diary.

5. From perusal of the case diary it is found that on 21/12/2020 in M.Cr.C. No. 5055/2020 anticipatory bail was granted to the accused/respondent no.2. At that time prosecutrix/applicant also filed the objection and raised that respondent no.2 is threatening the prosecutrix of disfiguring her by throwing acid on her face but the bail was granted by the co-ordinate bench of this Court. On the similar set of allegation earlier also prosecutrix filed an application for cancellation of bail and the same has been dismissed vide M.Cr.C. No. 8929/2021 dated 15/06/021. Thereafter, prosecutrix filed this application for cancellati