Dinesh Kumar Singh, J. - (1.) The present application preferred under Section 439 (2) Criminal Procedure Code, 1973 (for short 'CrPC") has been filed by applicant-complainant for cancellation of bail granted by the Additional District and Sessions Judge,/F.T.C.-1st, Lucknow to accused-respondent no. 2 in Case Crime No.490 of 2017, under Sections 376, 323 and 506 Indian Penal Code, 1860 (for short "IPC"), Police Station Gomti Nagar, District Lucknow.
(2.) Allegations in the first information report (for short "FIR") lodged at Case Crime No.490 of 2017, under Sections 376, 323 and 506 IPC, Police Station Gomti Nagar, District Lucknow in short are that accused-respondent no. 2 expressed his love to the complainant-applicant and won her confidence; accused-respondent 2 promised the complainant-applicant to marry her within 3-4 years; after winning trust and confidence of the complainant-applicant by accused-respondent no. 2, they started meeting each other; accused-respondent no. 2 took the complainant-applicant several times to different hotels, administered some drug in cold-drinks and raped her repeatedly; accused-respondent no. 2 also took obscene photographs of the complainant-applicant and made video; despite protest, accused-respondent no. 2 raped the complainant-applicant and subjected her to abortion twice; when the complainant-applicant asked accused-respondent to marry her, accused-respondent no. 2 beat her and threatened for life.
(3.) While granting bail to the accused-respondent no. 2, learned trial Court has held that the complainant and the accused were in relationship for the last six years. The complainant was 24 years old educated female, living in a city. The doctors, who allegedly aborted fetus of the complainant, did not support her case in their statements recorded by the investigating officer; and in her statement recorded under Section 164 CrPC, the complainant named other persons also, but neither in her complaint nor in her statement recorded under Section 161 CrPC she has mentioned their names. The trial Court has granted bail to the accused-respondent no. 2 on the ground that there is no criminal history of the accused-respondent no. 2 and story set up by the complainant does not inspire confidence. The trial Court has held that relationship between the complainant and the accused-respondent no. 2 appears to be consensual one.;