Omkar Narendra Patil vs State Of Maharashtra

Sarang V. Kotwal, J

The applicant is seeking anticipatory connection with C.R. No. 40 of 2021 registered with Vangaon Police Station under Sections 376, 417 of Indian

Penal Code.

2 F.I.R. is lodged by the prosecutrix who is 24 of age. It is stated in the F.I.R. that she got acquainted with the applicant through her cousin and the

acquaintance turned into love relationship. It is alleged that on 11 th March, 2020 the applicant took the informant to a temple at Vivalvedhe, Tal.

Dahanu. There the applicant put Kumkum on her forehead and Omkar Narendra Patil vs The State Of Maharashtra on 9 June, 2021 declared that she

was married to him. It is further mentioned in the FIR that on 19th March, 2020 the applicant approached the informant's family and proposed for their

marriage. informant's family members accepted that proposal. Thereafter, lockdown was imposed. In June 2020 the applicant took the informant to his

fat at Vangaon. There the applicant told the informant that there was already marriage in the temple and they could have physical relationship. It is

also mentioned in the FIR that in-spite of her resistance, he had kept physical relations with her. The same incident was repeated at the same fat in

July 2020. It is further alleged that on 14 th February, 2021 the applicant took the informant to his fat at Dahisar, Mumbai and there also they had

physical relations. It is also mentioned in the FIR that, on 24th March, 2021 the informant's elder sister told her that the applicant was to get married to

another girl on 19 th May, 2021. The informant confronted the applicant on 25 th March, 2021. It is alleged that the applicant then spoke to an

advocate and they were to meet in Court at Dahanu. However, the applicant did not meet the informant. The informant called the applicant's father

telephonically. He told the informant that the applicant was to get married to another girl and that she should forget the applicant. As there was no

further progress, the informant lodged the FIR.

3 Heard Smt. Raje, the learned counsel for the applicant as well Mr. S.H.yadav, learned APP for the respondent/ state.

4 Learned counsel for the applicant submitted that, though, there was love afair between the applicant and the informant, there were no physical

relationship between them. She submitted that the narration in the F.I.R. is false. The applicant does not have any fat at Vangaon and that he is

residing with his family members at Dahisar and is never alone in that fat. Therefore, all the three incidents about physical relationship are false. She

further submitted that the informant had in fact misled the applicant by concealing her past relationships. She submitted that the persons involved in the

earlier relationship of the informant had approached the applicant and had told him that the informant had extracted money from them on similar

allegations. She further submitted that the applicant himself had paid certain amounts to the informant on various occasions. Learned counsel for the

applicant submitted that the FIR is lodged to extort money from the applicant.

5 The submissions made by the learned counsel for the applicant are quite serious. Therefore, without any investigation in that behalf, it would not be

proper to make any comments on them. Learned APP has noted these submissions. Investigation Officer is present in the Court. The I.O. will have to

respond to these allegations. If these allegations, made by the applicant, are found to be false during the investigation, the applicant will have to sufer

the serious consequences. However, to give a fair chance for investigation into the allegations and counter allegations, today I am adjourning the

matter by granting interim protection to the applicant. Hence, the order.

ORDER

1) In the event of arrest of the applicant in connection registered at Vangaon Police Station under Sections 376, 417 of Indian Penal Code, till the next

date, the applicant is directed to be released on bail on his executing P.R. bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

This order shall operate till 25th June, 2021.

2) The applicant shall attend the concerned police station as and when called by the police and shall co-operate with the investigation.

3) It is clarifed that this Court has not expressed its opinion either way in the allegations made by the informant or the applicant. All the questions are

left open to be decided at the fnal stage.

6 Stand over to 25th June, 2021.