While hearing the matter, Justice Anuja Prabhudessai observed that prima facie, the relationship between Naik and the complainant seemed to be consensual
Mumbai: Bharatiya Janata Party MLA Ganesh Naik was on Wednesday granted anticipatory bail by the Bombay High Court in a case where a woman accused him of rape and criminal intimidation.
While hearing the matter, Justice Anuja Prabhudessai observed that prima facie, the relationship between Naik and the complainant seemed to be consensual, according to Bar and Bench.
“Prima facie essential ingredients of rape are not made out. It is stated that no case is made out for custodial interrogation. Application for bail cannot be rejected solely on the ground that the applicant is MLA,” the Court stated.
Naik was given the anticipatory bail plea, subject to the conditions that in the event of arrest, Naik is entitled to be released on bail on payment of INR25,000.
He will appear before the concerned police station on Monday and Tuesday for interrogation. Also, he shall surrender his revolver within a week from today.
Earlier, FIR was registered on a complaint by a 42-year-old woman who claimed to have been in a live-in relationship with Naik since 1995. They allegedly met in a club in 1993, where she was a receptionist, and later fell in love. A consensual sexual relationship followed, and they had a child as well, stated the Bar and Bench report.
The woman, in her complaint, further alleged that Naik was not treating her well and avoided her calls. She claimed that one day, Naik called her to his office for lunch. When she tried to enquire if he would give his name to the child, Naik purportedly pulled out his revolver and told her to stop harassing him else he would kill her, their son and then end his own life, the report stated.
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