JUDGMENT

Revatimohite Dere, J. - Heard learned counsel for the parties.

2. By this application, the Applicant seeks his enlargement on bail in connection with C.R.No.169 of 2019 registered with the Oshiwara Police Station, Mumbai, for the alleged offences punishable under Sections 376, 376(2), 384, 328 and 506 of the Indian Penal Code.

3. Learned Counsel for the applicant submits that the applicant has been falsely implicated in the aforesaid case and that the same is clearly evident from the material on record i.e. WhatsApp messages and the applicant''s complaints and N.C. He submitted that the applicant met the complainant on a dating App ''Tinder'' in August 2016 and that they became friends and started meeting each other. He submits that the relations between the applicant and the complainant were consensual and that when the applicant realised after a few months that the complainant was into black magic, voodoo and witchcraft, he started keeping distance from the complainant. He submitted that at no point of time the applicant had made any commitment to the complainant, about marriage. He submitted that infact, as the complainant was incessantly calling him, the applicant hadgone to the extent of blocking the complainant on all social platforms and had even lodged complaints as against the complainant with the police on 17 th October, 2018, 22 nd October, 2018 and 26 th October, 2018. Learned Counsel relied on the said complaints made by the applicant to the concerned police station, which are at page nos.172, 212 and 215 of this application. Learned Counsel submitted that when the applicant started avoiding the complainant, the complainant started stalking him on social sites and started sending him WhatsApp messages asking him to meet her for one last time. He submitted that the complainant was obsessed about him as would be evident from the WhatsApp messages which were exchanged between the applicant and the complainant between the period from 2017 to 2018.

4. Learned Counsel for the applicant vehemently denies any allegation of administering any stupefying substance in coconut water and thereafter of rape and of filming the said act and of extortion on the basis of this film. He submitted that the gifts allegedly given by the complainant to the applicant were not gifts but were infact paid for, by the applicant in cash after demonetization. According to the learned counsel, the fact, that theaforesaid complaint lodged by the complainant is false, is also evident from the fact, that subsequently i.e. on 25 th May, 2019, the complainant lodged another false complaint/FIR to show that two unknown persons had attacked her for withdrawing the complaint, only to ensure that the applicant does not get bail. He submitted that the police in their investigation in the FIR dated 25 th May, 2019, have found that the said FIR was staged by the complainant herself with the help of her lawyer and others. He submitted that even the learned Judge while rejecting the applicant''s application for bail had observed that it was doubtful whether the act of rape, administering a stupefying drug, filming the act and extortion, as alleged by the complainant was committed by the applicant. He submitted that the applicant is in custody since 5 th May, 2019 and as such considering the material on record, he be enlarged on bail.

5. Learned Counsel for the complainant opposed the bail application by filing the aforesaid Intervention Application. He relied on certain WhatsApp chats to show that certain articles were allegedly demanded by the applicant from the complainant. He submitted that the complainant had purchased articles/gifts like coffee table, sofa, bed, lamps,wall clock, console, curtains etc., at the behest of the applicant. He submitted that the applicant had taken advantage of the complainant and had sexually assaulted her by administering a stupefying substance in coconut water and thereafter had filmed the act and was extorting money