Girish Chandrakanth Mhatre v. State Of Maharashtra
2012-05-17
ABHAY M.THIPSAY
body2012
DigiLaw.ai
Judgment :- Heard. 2. I have gone through the application and the annexures thereto. The applicant is sought to be arrested on the allegations of having committed offences punishable under Section 376, 420, 315, 322 read with 34 of Indian Penal Code (IPC). A reading of the First Information Report (FIR) which has been lodged on 4.4.2012, makes it clear that it relates to the incidents which had been taking place since the year 2007. The averments in the FIR, on a fair reading, indicate that the first informant was a consenting party to the relationship between her and the applicant. Apparently, the FIR came to be lodged because the applicant married some other girl, inspite of having previously kept physical relations with the first informant. The allegations would amount to a breach of promise to marry and it is difficult to hold that they prima facie disclose any offence, except perhaps, that of cheating, which is punishable under Section 417 of IPC. In any case, when the FIR has been lodged about the incidents which had taken place at a long distance of time and when the co-accused have been granted anticipatory bail, the applicant should also be granted the same. 3. The application is allowed. 4. In the event of arrest of the applicant, he be released on bail in the sum of Rs.25,000/-, with one surety in like amount, on the condition to attend Mumbra Police Station, everyday between 5.00 p.m. to 7.00 p.m., for a period of one week commencing from 21.5.2012, and thereafter as and when required by the Investigating Officer.