Mumbai: The Bombay substantial court on Wednesday granted anticipatory bail to BJP leader Ganesh Naik, booked by the Navi Mumbai police for raping and threatening his are living-in spouse. The court docket held that the connection among Naik and the complainant was consensual and the offence of rape was not built out in opposition to the former minister.
A single bench of Justice Anuja Prabhudessai mentioned considering that the partnership was consensual, “prima facie vital components of the offence of rape are not manufactured out”.
Appearing for Naik, advocate Niteen Pradhan submitted that there was no evidence to incriminate the 72-12 months-old BJP leader for the alleged offences and the allegations were being concocted due to powerful political force. Pradhan submitted that the FIRs ended up filed with mala fide intention and an ulterior motive to malign his impression and damage his track record. Pradhan added that the marriage is admittedly consensual and a male little one is born out of it as a result the offence of rape was not designed out in opposition to Naik.
Opposing his plea, the prosecution submitted that Naik was averting the girl and was not taking her calls and when she confronted him in his business office, he pulled out his revolver and threatened to get rid of her and her son and also stop his personal existence.
Soon after listening to the submissions, the bench referred to the woman’s supplementary statement to the law enforcement which uncovered that they were in a relationship from 1995 to 2017. “She has said that her family members users did not approve of the marriage, and they received her married to some other man or woman under duress. She divorced the stated human being in 2001 and ongoing the marriage with the applicant (Naik),” the bench noted.
The courtroom then authorized the ABA and directed that in the event of arrest, Naik be produced on furnishing a personal bond of ₹25,000 in every scenario and requested him to seem right before the law enforcement on Monday and Tuesday and also directed him to surrender his revolver inside of a week.
Two separate FIRs have been registered against Naik at Nerul and CBD Belapur law enforcement stations previous month soon after the girl wrote to the Nerul law enforcement station professing that however she had been in a live-in romance with Naik for 27 many years, he experienced threatened her with a firearm and restrained her from disclosing about it to everyone.
The previous Maharashtra minister has been booked by Nerul law enforcement station for offences punishable under sections 376 (2) (n) (committing rape consistently on the similar lady) and less than sections 417 (cheating) and by the CBD law enforcement station beneath sections 506 (criminal intimidation) of the Indian Penal Code (IPC) and sections of the Arms Act.
Naik had approached the HC apprehending arrest in the Nerul circumstance following the Thane classes court docket turned down his anticipatory bail application.
According to the grievance filed at the CBD Belapur law enforcement station, the girl claimed that she experienced been in a are living-in romantic relationship with Naik for over 27 a long time and alleged that in 2021 Naik had threatened her with a firearm. The FIR was registered right after an inquiry was requested by the DCP based mostly on a prepared application by the woman to the Nerul police.
As for each the grievance, in 2006, the lady had develop into expecting and travelled to New Jersey, United states, on the insistence of Naik and gave start to their boy or girl. The girl alleged that Naik experienced confident her that he would give his name to the baby and would also reside with the boy or girl and the complainant, but failed to maintain his term. The girl extra that she experienced not filed a complaint earlier as Naik was a minister and an influential politician.