(1.) These Applications are filed under sec. 438 of Cr.P.C. for pre- arrest bail in C.R.No.60/2022 registered with CBD Belapur Police Station, Navi Mumbai for offences punishable under Sec. 506(2), 417 of the Indian Penal Code r/w. Sec. 30 of Arms Act and C.R.No.144/2022 registered with Nerul Police Station for offences punishable under sec. 376(2)(n) of the Indian Penal Code.
(2.) Heard Mr. Gupte, learned Senior counsel and Mr. Pradhan, learned counsel for the Applicant, Ms. Rutuja Ambekar and Ms. A.A. Takalkar, learned APPs for the State and Ms. Lucy Massey, learned counsel for the Intervenor. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.
(3.) The aforesaid crime was registered pursuant to the First Information Reports (FIRs) dtd. 15/04/2022 and 16/04/2022 lodged by the complainant. A perusal of both these FIRs reveal that the Applicant and the complainant were in love with each other since the year 1995 and had consensual physical relationship. In her supplementary statement, the Complainant has disclosed that her parents did not approve her relationship with the Applicant. In the year 2002 they got her married to Mr.xxxx, a person from US. She divorced him in the year 2004 and continued her relationship with the Applicant. The Complainant has alleged that the Applicant had assured her that he would take care of her and the child. Hence, she took a conscious decision to have a child. She claims that in the year 2006 in her sixth months of pregnancy, she went to New Jersey at the instance of the Applicant. She gave birth to a baby boy and gave him her name. She has alleged that when the child was two months old, the Applicant brought them to India and since 2007 to 2017, they lived in a room at Nerul, provided by the Applicant. During this period, the Applicant used to visit her thrice a week.