MANJU Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Section 439(2) Cr.P.C. has been filed by the petitioner being aggrieved by the order dated 09.05.2019 in S.T. No. 132/2018 passed by Third Additional Sessions Judge, Sehore whereby the learned Judge has rejected the application under Section 439(2) Cr.P.C, filed by the petitioner for cancellation of bail granted to respondent No. 2.

(2.) According to case, respondent No. 2 is facing a trial for the offence punishable under Sections 376 and 506 IPC in which the petitioner is the prosecutrix. Vide order dated 01.11.2018, respondent No. 2 has been benefited of bail under Section 439 Cr.P.C by the Court below subject to certain terms and conditions. Thereafter complainant/petitioner has filed an application under Section 439(2) Cr.P.C before the Court below alleging against the respondent No. 2 that he is coercing and threatening her for compromise in the case but by the impugned order, the Court has rejected the same.

(3.) Learned counsel for the petitioner submits that the Court below erred in rejecting the application filed by the petitioner. He submits that the Court has overlooked the fact that the respondent No. 2 has misused the liberty of bail and started coercing the petitioner and her sister to compromise in the case. He has also threatened the petitioner and her family members for dire consequences. The respondent No. 2 also threatened her to viral her obscene video and photographs and also to acid attack. In this regard the petitioner has filed applications dated 10.12.2018, 12.12.2018 and 14.01.2019 to the Police. He further submits that the respondent No. 2 has physically assaulted the petitioner for which she has registered the NCR under Section 155 Cr.P.C. for the offence under Sections 352 and 504 IPC. The learned counsel has also referred to the document of Annexure - A/7 (MLC report). He further submits that the respondent No. 2 has produced some false complaint against the petitioner. With the aforesaid, he prays for cancellation of bail granted to the respondent No. 2 by allowing this petition. In support of his contention, he relied on the various pronouncements of the Hon'ble Apex Court as well as this High Court, same are mentioned herein under :