ZEBA PARVEEN Vs. STATE OF U.P.

JUDGEMENT

(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 dtd. 21/11/2022 arising out of Case Crime No.0082 of 2022, under Sec. - 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 27/4/1985; 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 12/2/2018, 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 21/9/2021; 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.