SMT. KAVITA KAPOOR Vs. STATE OF M.P.

JUDGEMENT

(1.) This is second application under Section 438 of Cr.P.C. for grant of anticipatory bail. First bail application has been decided on merits vide order dated 09.03.2018 passed in M.Cr.C.No.2193/2018.

(2.) This repeat bail application has been filed on the ground that while considering the first bail application, this Court had considered the submissions made by the counsel for the complainant that with regard to the authenticity of the whatsapp messages, the police has already conducted the enquiry and the applicant did not appear before the police authority in spite of two notices. It is further submitted that in fact the applicant has not received any notice with regard to the enquiry which is being conducted by the police, therefore it is incorrect to say on the part of the complainant that in spite of two notices, the applicant did not appear before the police authority. It is further submitted that accordingly, detailed application of the applicant may be considered on merits.

(3.) The submissions made by the counsel for the applicant cannot be considered for a simple reason that when the case was argued at length then in reply to the submission with regard to the false implication and hostile and inimical attitude of the complainant towards the applicant and his family members, it was replied by the counsel for the State as well as counsel for the complainant that, son of the applicant who is coaccused in the present case, has sent the whatsapp messages to the complainant threatening her to enter into the compromise, otherwise he would upload the video of rape.