ISHA AGRAWAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Smt. Isha Agrawal, applicant in person; Sri Manu Sharma, learned counsel for opposite party no.2; learned AGA for the State and perused the material placed on record.

(2.) This bail cancellation application has been filed by the applicant praying for cancellation of bail granted to the accused-opposite party no.2, Abhay Pratap, in Case Crime No. 577 of 2022, under Ss. 186, 228, 352, 353, 354, 354-D, 506, 509 IPC and Sec. 67 I.T Act, Police Station Kotwali, District- Maharajganj by the court of Sessions Judge, Maharajganj, in Bail Application No.1927 of 2022, Abhay Pratap Vs. State of U.P. on 17/12/2022 wrongly relying upon the judgement of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. and Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dtd. 11/7/2022.

(3.) The applicant is posted as Metropolitan Magistrate, Kanpur Nagar at present. At the time of the incident in question, she was posted as Civil Judge (Junior Division)/Judicial Magistrate in District Court Maharajganj. While she was performing her judicial duty, the opposite party no.2, Abhay Pratap, who is also a practicing Advocate in the same court, started sending obnoxious messages and casting certain remarks through messages on facebook account of the applicant. On noticing the messages of opposite party no.2, the applicant blocked the opposite party no.2 from sending messages. Thereafter opposite party no.2 got the official mobile number of the applicant and started sending messages on the same. He used to come to her court without any work and gazed her continuously. When the limit to tolerance was crossed by the opposite party no.2, applicant lodged the FIR against him at the police station Kotwali Maharajganj, on 11/11/2022 and also sent a representation to this Court through District Judge, Maharajganj, on 11/11/2022. Opposite party no.2 was never connected to the applicant on facebook or through any media platform nor his friend request was ever accepted by the applicant. Opposite party no.2 started sending messages to the applicant w.e.f. 29/9/2021 and thereafter he sent various messages to her, which were never replied by the applicant. On 17/7/2022 at about 1:58 a.m. he sent message, "I love you Isha", then again he sent "Is janam me nahi to agle janam me tujhe pane ki koshish prayas karta rahunga aur ho sake to sato janam". Being fed up with the conduct of the opposite party no.2, applicant blocked the opposite party no.2 on facebook account on 17/7/2022. On her CUG mobile number, he sent the message on 8/11/2022 at 4:31 a.m., "Good Morning" and then "I love you Baby". The opposite party no.2 was arrested on 23/11/2022 and the learned Sessions Judge granted him bail on 17/12/2022 relying upon the case Satendra Kumar Antil (Supra).