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. 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 from her, on the basis of the said video film. Learned Counsel for the complainant however, does not deny the contents of all the WhatsApp chats exchanged between the applicant and the complainant, which are annexed to the applicant''s application. He submitted that the complainant is ready to surrender her mobile, if the Investigating Officer so demands. He submits that if the applicant is enlarged on bail, he is likely to tamper with the witnesses. According to the learned counsel for the complainant, the complainant is not concerned with the incident of 25 th May, 2019 i.e. attack on her. He submitted that the complainant is ready to surrender her mobile, if the Investigating Officer so demands. He submits that if the applicant is enlarged on bail, he is likely to tamper with the witnesses. According to the learned counsel for the complainant, the complainant is not concerned with the incident of 25 th May, 2019 i.e. attack on her. He submits that it appears that it is the complainant''s lawyer who planned the attack and that the complainant was not involved in the same. Learned Counsel for the complainant also denies that the complainant has anything to do with witchcraft, voodoo or magic, as alleged by the applicant. 6. Learned APP states that the mobile and laptop of the applicanthave been seized, however, the same could not be sent to the Forensic Laboratory, as the applicant has preferred an application in the trial Court, for providing him with the data in the laptop as well as in the mobile and as the said application is pending. He, on instructions, states that the Investigating Officer will take steps to seize the complainant''s mobile in the course of investigation. Learned APP on instructions further states that the 2 nd FIR, which was lodged on 25 th May, 2019 by the complainant, is found to be a false. He on instructions submits that the investigation in the 2 nd FIR reveals that the said attack on the complainant on 25 th May, 2019, was staged by the complainant herself in connivance with her lawyer and others. He submits that the lawyer has been arrested and so have the two assailants. He further on instructions states that appropriate steps will be taken as against the complainant also, who is the mastermind of the said attack dated 25 th May, 2019. 7. Perused the papers. The complainant is about 34 years of age and her occupation on her web page is stated to be ''Astrologist and Psychic - Alternative and Holistic Heath and Service - Home Decor''. The applicant is aged about 44 years and is an actor and singer by profession. It appearsthat sometime in August 2016, the applicant and the complainant met each other on a dating App ''Tinder'', pursuant to which they started chatting on the said App. It appears that thereafter they became friendly and started meeting each other. The applicant is aged about 44 years and is an actor and singer by profession. It appearsthat sometime in August 2016, the applicant and the complainant met each other on a dating App ''Tinder'', pursuant to which they started chatting on the said App. It appears that thereafter they became friendly and started meeting each other. According to the applicant, since the complainant was also doing work of Home-Decor, he asked her to do the interior of his house. It is the case of the applicant that due to demonetization in November 2016, he gave her cash and asked her to utilize the same towards the interior of his house. Learned Counsel for the complainant denies the said fact i.e. of the complainant receiving cash. 8. It appears that the relations between the applicant and the complainant, were consensual. A perusal of the WhatsApp chats shows the nature of the relationship between the complainant and the applicant. The WhatsApp chats for the period 2017 - 2018 show that the applicant was trying to distance himself from the complainant, however, she was incessantly messaging. As noted above, learned counsel for the complainant has not denied the chats annexed to the application. It is necessary to reproduce some of the chats exchanged between the parties, which casts a doubt on the veracity of the FIR. The relevant chats are reproduced below.Karan Oberoi is referred as (KO) and First Informant is referred to as (FI). "15 th August, 2017 11.00 p.m. FI - I don''t know why sense distance ! And know I never say it just like that ! know u for a while and know the way u respond ! It just seems to distant. I know u will.......to what u have said. But deep down u know what I am talking ! I am just speaking up as later if it keeps building up which I always do it blasts at a point of time ! So thts the reason I am just been too open this time. 16 th August, 2017 2.26 p.m. FI - Also ifu don''t need the hard disc currently please do sent it! If you require it no worries you can send it later. KO - Sure, will send as soon as I transfer FI - Thanks ! So thts the reason I am just been too open this time. 16 th August, 2017 2.26 p.m. FI - Also ifu don''t need the hard disc currently please do sent it! If you require it no worries you can send it later. KO - Sure, will send as soon as I transfer FI - Thanks ! Though I am feeling very guilty for leaving u at this point where u need me the most! But I am left with no option KO - Don''t feel guilty swthrt! Hopefully all the magic you have created in my life will push me through ! KO -And help me stay afloat FI - I am just tooo worried as everytime ! Have moved out there is a bigger prob u have got to ! So it stresses me at the same time but after u specified clearly. 27 th August, 2017 3.26 p.m. FI - U have distanced miles away from me ! Leaving me with no optionthen stepping back ! And wait for a while! But I am now not going to take any further efforts if you choose to come forward it''s your choice if not it''s completely ok ! Doesn''t mean I am running away or disappearing at atleast for now ! but I somehow don''t get where have I failed with what I have been with you ? I am just too helpless at this point! I am just tooo hurt today and the damage is beyond repair ! Thank u for everything ! 29 th August, 2017 11.53 a.m. FI - Would it be possible for u to send shiva tonight? Even if not it''s ok. KO - Sure ! No probs will send him. FI-Thank you I don''t know why taking care of yours is so important to me ! It''s very strange to me ! I don''t want anyone to hurt u. I seriously have some strong past life stuff with u ! I have never done this before ! You to me is very much like a child who I feel like taking care of! 19 th October, 2017 3.46 p.m. FI - Good bye Karan ! Got all my answers blocking ur calls and mesgs as well! Tel U had a meeting at 2.30 right! U lied to me yesterday and I don''t kow how many more all this while ! 19 th October, 2017 3.46 p.m. FI - Good bye Karan ! Got all my answers blocking ur calls and mesgs as well! Tel U had a meeting at 2.30 right! U lied to me yesterday and I don''t kow how many more all this while ! GOOD BYE U don''t care don''t u ! Why I am even wasting my time ! Still expecting foru to reach out! being extremely stupid to do so ! Can I still get a kiss ? I am sure that is not much of an ask ? One last gift from u I FI - Karan I told u this last time also tht don''t like been told that I can go and have sex outside ! You don''t love me fair enough ! But respect what someone has tot you ! And if it just doesn''t matter to you that I can sleep with anyone since you are the strongest from both of us ! I would rightly suggest you should walk out and not answer my calls or my mesgs no matter what! That way few months down the line atleast I would be stable ! U can''t keep scaring a person over and over again and expect the other to be sane ! if as u keep showing me the least important person in your life I would highly suggest u walk out without turning back ! As I very much noticed that u don''t meet me purposely even ifu do it''s as short as possible So fair enough u walk away now ! Since I am not as strong enough and keep coming back again ! Good bye Karan 11 hope never see u again I Gold bless you I U will never find an idiot like me in your life ! Who keeps coming back no matter how much ever been pushed ! And be there no matter what the situation is ! Ifu cannot value person good for u ! U probably won''t even feel the vacuum in ur life ! Thank u for teaching me how to receive rejections in all possible way ! Thank you !FI - Ok ! I am not lashing if u feel so ! I am just saying what I felt! And that''s all! Karan it''s best we don''t talk ! U probably won''t even feel the vacuum in ur life ! Thank u for teaching me how to receive rejections in all possible way ! Thank you !FI - Ok ! I am not lashing if u feel so ! I am just saying what I felt! And that''s all! Karan it''s best we don''t talk ! There is no point discussing on the same thing with different angles I Just creates crap 11 am not responsible for the decision u make ! And once an for all I withdraw everything ! Around u ! Me, my energies and everything ! u can fight ur own battles u don''t need me or anyone I Wishing u good luck and my love for u does not change no matter what u decide I Its ur choices which will shape up ur future ! Good bye ! And one last thing it''s to clarify me ! It''s never lashing it''s frustration which is ! And its not ur fault u and I cannot be the same it''s stupid of me to expect also I never walk around with my guards on ! But if u are fearful based on urpast I should let us be ! Thanks for the gift u have been to my life I U had been a huge contribution I Thank you. And sorry I took up other people''s point of view and created a mess between us! Extremely sorry ! And take care. FI - I had no clue this class is happening else wud had been the first person to go ! Just tht it''s too late now last to last year I went for this class and it changed my world completely. The only reason I love access it''s bra cause they don''t judge anyone they accept everyone as they are and then offer a different side of u which u have never acknowledged ! And I felt the same when I met u for the first time told u what I am and what do I do ! And u did not judge me! I told this to my mom also few days ago ! And I felt the same when I met u for the first time told u what I am and what do I do ! And u did not judge me! I told this to my mom also few days ago ! Thank you for not rejecting me basedon what I do II You saw me for me and not what I project to the world II Because* typo error came up as bracausell Lol 31 st October, 2017, 2.32 p.m. FI - Karan I am just too numb about my feelings for u I All I feel is lost in this bargain I It''s not your fault but I cannot continue this anymore I Even if feelings from your end blossom but I don''t think I am in a position to offer love any further as with recent instances it may be just hurt or anger but I do not feel the same way anymore I I just feel obligated towards u I And that is it I Coz I am falling short in receiving the love I deserve from your end I Si ut''s better we call it off I Tc KO -1 totally understand and respect that Isha ! Am so so sorry I couldn''t offer more ! You are one of the most genuinely wonderful souls I have EVER met and I will forever in debt to you for how positively you have tried to change my life for the better ! You stay blessed and the angel that you truly are! FI- Thank you FI - And one last thing it''s to clarify me it''s never lashing its frustration which is ! And it''s not your fault you and I cannot be the same. It''s stupid of me to expect also I never walk around with my guards on. But if u are fearful based on ur past I should let u be ! And it''s not your fault you and I cannot be the same. It''s stupid of me to expect also I never walk around with my guards on. But if u are fearful based on ur past I should let u be ! Thanks for the gift u have been to my life I U had been a huge contribution I Thank youFI - And sorry I took up other people''s point of view and created a mess between us I Extremely sorry I And take care And I know it''s stupid but can I get a last kiss from u I No conversation just a kiss and I will be out I Just a last memory of urs to remember I 2 nd November, 2017,12.47 p.m. FI - Karan I have heard enough amount of No''s for u. You want to meet me. No I asked u for a relationship. No. I asked you for a day out No. I asked for a Kiss. No. U don''t want to have any form of intimacy with me. Today the whole thing happened as a joke but ur discomfort just moved me back I you know I was just fooling I All these things indicates one thing I am not important in your life ! I am not the types you can even get intimate with. And there is something seriously wrong with me ! So why the fuck even I am creating efforts when I am told I am not worth it! It''s time for tables to turn ! It''s you who would take efforts now if you think U want me around ! I know your like is ur priority but even if I am important for a percent also show me! I feel miserable about myself day by day ! based on everything you make me feel!Besides me everyone else is most important to u ! I feel like a door mat and nothing more ! So if u say I am important it''s time to show it if not I know what is ! 10 th November, 2017, 4:34 a.m. FI - Karan I seriously don''t know what I should be doing this time ! Do I love u any more I AM NOT SURE OFF ! And it bothers me that I am disturbing u ! 10 th November, 2017, 4:34 a.m. FI - Karan I seriously don''t know what I should be doing this time ! Do I love u any more I AM NOT SURE OFF ! And it bothers me that I am disturbing u ! I care way too much for u then u may even know I And that the only reason I keep coming to you again I Which is also a surprise element in my life I am a person who runs from discomforting situations and yet time and again keeping myself respect aside I keep coming and really don''t know why is it so ! I am not a person who would have stayed in a similar situation for soo long these questions have lead me to sleepless nights I haven''t really slept for more then 4 hours at max sometimes and hour or two for last one months and a half! All I care is ur security and happiness and that is all I see you have distanced from me I If you think me around is not a comfortable space please let me know and I would be happy to do so, all I care for is ur happiness all u have to do is say ! Have a great morning and a wonderful day ahead ! 23 rd December, 2017, 10.49 am FI - Karan I know this would be tough especially for me ! A friend of mine had proposed to me few weeks ago ! Which I walked away saying that I love someone else ! I again bumped into him yesterday at my friends placeand this man genuinely loves me and I don''t want someone to go through the way I have gone through ! Since it has always been one sided in our scenario I want to give this man a fair shot and it will not happen until I am around you as u very much know me I am not the cheating kinds ! So before I start anything with him I wanted to talk to you and let u know as it''s unfair on you if I just walk away without letting u know ! So before I start anything with him I wanted to talk to you and let u know as it''s unfair on you if I just walk away without letting u know ! I am not even sure if this thing will have future but have learnt one thing coz of him how I am suppose to be treated and taken care of and I don''t want anything less then that! So it''s a good bye - I wish I could have met u once but I don''t want to fall weak again I You take extremely good care of yourself and do very well I FI - Thats a human tendency to not value something until it''s lost! So let it be I won''t message u or call u now on ! As it is the amount of cold I have got I don''t see it happening As for me now it doesn''t even matter tht u r there orur gone ! As you never were If I was sooo valuable to u Karan u wud have made sure that I would never go ! But all u made me feel is crap ! Thanks for all the nastiness in return for my love and care. One last thing to vent! U think that u always think about others and not for urself it''s a greatest dilemma u r living in ! As u only and only think about urself no one else matters to u but u !24 th December, 2017, 2:19 p.m. FI-I won''t disturb u now onwards I Goodbye You never loved me and u never will II Sorry for everything U r making it easier to walk towards this man ! All yesterday I was feeling bad for doing it but u are more then happy that I leave anyway. 9 th January, 2018,10.17 p.m. FI - Karan everything okie I have noticed u don''t respond to my emotional stuff I And there is a weird energy around it I If u don''t want me around please let me know I As I don''t know what it is but something doesn ''t seem straight I And I would prefer an honest conversation I will not call or mesg post this if I am important to u, u will This time u have told me upfront to go away ! And u said me going away will make ur life better so be it ! U cannot keep throwing someone away time and again and expect them to be super nice. You could have just said tht u love me before u let me go I Coz I know u do I Anyway ur call I Take care.10 th January, 2018,11.09 a.m. FI - Dont'' worry, had not called to fight just wanted to check if ur ok ! Neither want a way in since u have walked out! FI - U have hurt me today beyond measures ! God bless u ! After this I shall never reach out to u ! Did my last bit today as promised ! U have pushed me a lot ! For whatever I have been with u, this is not something I deserve ! I am glad I came to meet u else., wud have still on the same track this was the last thing required thank Thanks ton ! FI - Need to have a word with u there is no lies, chaos or a fight general discussion would take about a minute let me know when u r free I am ok with texting u also let me know what works As it''s just an ask nothing more I Sorry for so many mesgs. 13 th January, 2018, 5.25 p.m. KO - Can t talk right now FI - Shud I just text then Karan, I am being open an up front I Can we have sex I Without thinking about future, emotions or anything else just for now I As my body needs it and I won''t be comfortable indulging with anyone else!So let me know what u think about it? KO - Am not in the frame of mind for it right now Isha I Way too pre occupied with my career I Too fucked in the head I FI - U have already made me nasty in ur bead KO - Nope ! That will never happen And you will never know any better, though Take care n stay blessed ! I wish you the love and affection you truly deserve. FI - Karan what are we getting to That is not me I am sorry for my behaviour. That will never happen And you will never know any better, though Take care n stay blessed ! I wish you the love and affection you truly deserve. FI - Karan what are we getting to That is not me I am sorry for my behaviour. FI - No pis I don''t like behaving a certain way And this does require any apology Phone or mesgs don''t do tht not Bit. KO - We will meet soon ! Not right now Hun! Please understand FI - Ok take ur time I am sorry being really nasty with you off KO - Don''t think about it Let it go Just be happy n cheerful FI-I want to change certain things for uKO-Am going to go now and start my work day FI - Which off lately I have not coz of my anger I don''t know what''s wrong with me I have a class to take right now too ! My students ae waiting and I have yet to get ready. 19 th February, 2018 1.54 p.m. FI - Karan there is no room for drama in my world ! I cannot be in a conflictual universe all the time where I am wanted and unwanted at the same time ! U have decided not to be with anyone respecting that I shall rather not waste my time and energy on something that is closed ! Take care of yourself! KO - Ok Isha ! You too take care n stay blessed ! Hugs n love FI - Based on all of this you won''t realise when you will loose me totally and there would be no space to even repair And I am sure from my latest conversation with you, u r actually realizing how could I have become ! It''s scares me to death ! I feel like a dead body walking KO - If I am to be blamed then I am really sorry for it ! Was never my intention. FI - Ok react like this it''s great FI - It''s very easy for u to let me go right I So be it I Completely ur loss I As u will never ever find someone like me I Good luck to YOU"9. Was never my intention. FI - Ok react like this it''s great FI - It''s very easy for u to let me go right I So be it I Completely ur loss I As u will never ever find someone like me I Good luck to YOU"9. Apart from the aforesaid WhatsApp chats, there are certain other messages, which are from page nos.182 to 195 of the application, sent by the complainant to the applicant. There are several messages and it is not necessary to reproduce all of them. Suffice to state, that during 2018 approximately from May to September, 2018, the crux of the messages sent by the complainant are to the effect; asking the applicant to give it a fresh try; asking him to respond to her calls and messages; asking him why he was ignoring her; asking him to pick-up for one last time; saying good bye but again contacting the applicant; observing that he was on-line but was ignoring her messages; asking him for a picture with him as a memory, since there are no pictures of them together; stating that she had written the applicant''s name on her hand and it will be till her death; stating that he was ignoring her; stating that she had made a deal with the universe and had given universe 24 hours and that either he should take a step forward towards her or make her forget the applicant totally; stating that it will be alright if he did not step forward and that he should have a wonderful and fruitful life ahead. She has stated that she was keeping distance as the applicant wanted the distance. She has stated her love for the applicant and stated that she wanted him to grow and shine.10. A perusal of the aforesaid messages from page nos.182 to 195 shows that the complainant was incessantly sending messages to the applicant who was responding occasionally; that the complainant would ask him to meet her one last time and say good bye and when he refused to respond again send messages. Record shows that several calls were also made by the complainant to the applicant, which were not received by him. 11. Record shows that several calls were also made by the complainant to the applicant, which were not received by him. 11. Infact a perusal of the aforesaid WhatsApp and several other WhatsApp messages annexed to the Application, prima facie shows that the complainant was obsessed with the applicant and wanted to get back with the applicant and that the applicant was trying to avoid her. It also appears that the applicant had lodged 3 complaints; i.e. (i) an N.C. complaint dated 17 th October, 2018, with respect to an incident of 15 th October, 2018. The said N.C. complaint is on page 212 of the application. In the said N.C lodged against the complainant, the applicant has alleged that the complainant called him up and asked him where he was and when he replied he was working, the complainant stated that if he does not meet her, she would lodge a false complaint against him and also told him thatlaw favoured women. It is further alleged by the applicant that when he told her off, the complainant threatened to teach him a lesson, (ii) In the 2 nd complainant dated 22 nd October, 2018, lodged by the applicant with the Senior Inspector, Oshiwara Police Station, Mumbai, which is on page 172 of the application, the applicant has stated that the complainant was harassing, intimidating, coercing and threatening to make false accusations, as against him and was mentally harassing him with voodoo magic. He has further stated that in the said letter dated 22 nd October, 2018, that the complainant was insanely calling and texting him and that she would land at his residence and create chaos at every opportunity. He has stated that he had been patiently putting up with the complainant''s acts because of the fear of her witchcraft and constant threats to his personal being and his family. He has stated that he had made it absolutely clear to the complainant that he was not interested in her, being part of his life in clear messages. He has also stated that he feared for his life and damage to his reputation as a public figure. He has stated that he had made it absolutely clear to the complainant that he was not interested in her, being part of his life in clear messages. He has also stated that he feared for his life and damage to his reputation as a public figure. He has stated that though he had explained to the complainant, not to be obsessed with him, she would understand for a few days and thereafter contact him again, (iii) The 3 rd complaint made by the applicant to the police is dated 26 th October, 2018, where he has reiteratedthe acts of the complainant of incessantly calling him, texting him and landing up at his residence and creating chaos in the society. He has in detail set out the acts of the complainant, her black magic, how despite blocking her, she would connect with him, including by getting a US number, how when he and his mother fell ill, she stated it was due to her black magic and witchcraft, how he (applicant) was trying to be civil with her, due to fear of harm to his family, how the complainant had become obsessive about him etc. To the said complaint, the applicant had attached the details of the messages sent by the complainant. 12. It appears that the complainant had also filed an N.C. on 25 th October, 2018, as against the applicant, which is on page 225 of the application, alleging that when she asked the applicant to return the gifts given by her, the applicant abused and threatened her. In the said NC, there is no reference to any physical exploitation by the applicant. A perusal of the WhatsApp messages some referred to hereinabove and several other messages prima facie show that the complainant was obsessed with the applicant and that though the applicant was trying to avoid her, she was trying to contact him. The incident of rape is alleged to be in January, 2017and even thereafter under threat from time to time. It is alleged that, the applicant again in February 2018 had physical relations with her, after promising marriage. Thus, according to the FIR, from January 2017 to February 2018, the applicant had physical relations with her, after promising to marry the complainant. It is alleged that, the applicant again in February 2018 had physical relations with her, after promising marriage. Thus, according to the FIR, from January 2017 to February 2018, the applicant had physical relations with her, after promising to marry the complainant. The said allegations as mentioned in the FIR if juxtaposed with the WhatsApp messages sent by the complainant from 2017 to 2018, particularly the WhatsApp message of 13 th January, 2018, most of which messages have been reproduced hereinabove, suggest something to the contrary. The message of 13 th January, 2018 shows that it is the complainant who wanted to have physical relations with the applicant, which was repelled by the applicant. As noted earlier, the complainant had not denied the contents of all the WhatsApp chats reproduced by the applicant in his application. In these circumstances, on a perusal of these messages, it is prima facie doubtful, whether there is any merit in the allegations made by the complainant, against the applicant that the applicant raped her after administering a stupefying substance and thereafter made a video film of the same and continued to have physical relations with her upto February 2018, by promising marriage. Prima facie, the messages/chats do not even remotely suggest that any such incident asalleged had happened or that the applicant had promised marriage. Infact, the messages and complaints show that the applicant was trying to distance himself from the complainant, who was obsessively trying to contact him. It is also pertinent to note that the complainant lodged an FIR on 25 th May, 2019, stating therein that two persons had attacked her and that the said persons threatened to throw acid on her and threw a chit asking her to withdraw the case. During investigation, it has transpired that the said FIR dated 25 th May, 2019, lodged by the complainant is false. Infact, investigation reveals that the complainant herself orchestrated and staged her own attack, the obvious reason being to ensure that the applicant is not released on bail. As far as the gifts allegedly demanded by the applicant are concerned, prima facie, a perusal of the WhatsApp messages relied upon by the learned counsel for the complainant, shows that infact no such demand was made by the applicant. As far as the gifts allegedly demanded by the applicant are concerned, prima facie, a perusal of the WhatsApp messages relied upon by the learned counsel for the complainant, shows that infact no such demand was made by the applicant. It appears that the complainant was doing up the house of the applicant and that the articles to be purchased, were being shown to the applicant, before purchase and as such there is no merit that the gifts were being extorted by the applicant from the complainant. There is nothing in the messages, to even remotely suggest the same.13. What is particularly disturbing in the facts, is that the Senior Inspector, Oshiwara Police Station, Mumbai, was well aware of all the 3 complaints made by the applicant in October 2018 itself. He was also aware of the WhatsApp chats submitted by the applicant to him, with one of the complaints. The officer was also aware of the N.C lodged by the complainant, in 2018, against the applicant, where there was no mention of rape etc. With all this material before him, the officer ought to have examined the complainant''s instant FIR fairly and impartially, before mechanically effecting the applicant''s arrest. In cases such as these, police must be circumspect and cautious, as arrest of a person is a serious matter. Learned APP on instructions assures that the Investigating Officer will conduct a free-fair and impartial investigation and take the case to its logical end. He also states that all the messages exchanged between the parties will also be investigated thoroughly. 14. Learned counsel for the applicant, vehemently submitted that the complainant was into black magic, voodoo and witchcraft. Learned Counsel relied on the messages set out in Exhibit - ''G'' of the application i.e. page nos.147 to 149. Learned counsel for the complainant denies any suchactivity by the complainant. It appears that from pages 147 to 149, there are messages allegedly sent by the complainant, in which she talks about demons, working on activating all blood lines including angelic, demonic, fairy, werewolves, vampires etc. On page 146 of the application, the complainant''s web page reads as ''Eternity by xx (victim''s name) is a one stop shop wiccan, healing and metaphysical store with wholesale prices.'' As noted, learned counsel for the complainant has only denied messages on page nos.147 to 149. On page 146 of the application, the complainant''s web page reads as ''Eternity by xx (victim''s name) is a one stop shop wiccan, healing and metaphysical store with wholesale prices.'' As noted, learned counsel for the complainant has only denied messages on page nos.147 to 149. Be that as it may, it is always open to the police to look into the said allegations and if there is merit in the same, take appropriate steps as against the complainant in accordance with law. 15. Having regard to what is stated herein-above, the application is allowed and the applicant is enlarged on bail on the following terms and conditions:- ORDER i) The Applicant - Karan Oberoi be released on cash bail in the sum of Rs.50,000/-, for a period of eight weeks; ii) The Applicant shall within the said period of eight weeks, furnish P.R. Bond in the sum of Rs.50,000/- with one or more sureties in the likeamount; iii) The Applicant shall attend the concerned Police Station, on 20 th June, 2019 and furnish all details that he intends to submit to the concerned Police Station; iv) The Applicant shall not contact the complainant or any person concerned with the case; v) The Applicant shall co-operate in the conduct of the trial. 16. The Application is allowed and disposed of in above terms. 17. In view of the aforesaid, the Intervention Application being Criminal Application No.833 of 2019 does not survive and the same is also disposed of. 18. All concerned to act on the authenticated copy of this order.