IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION ( BAIL ) NO. 210 OF 2010 MR. VIRENDRA P. PRABHUDESAI, PRESENTLY IN JUDICIAL CUSTODY, THROUGH HIS BROTHER., ... Applicant Versus STATE, REP. BY OFFICER IN CHARGE ... Respondent Mr. Amit Palekar, Advocate for Applicant Mr. C.A. Ferreira, Public Prosecutor for State. Coram:- N. A. BRITTO, J. Date:- 15th September, 2010 P.C. Heard. 2. The Applicant herein was arrested on 13th August 2010 in Crime No. 25/2010 under sections 328, 376, 506(II) read with section 34 of the I.P.C. and since then he is in custody. His application for bail came to be rejected by the learned Additional Sessions Judge lastly on 31st August, 2010, and as such the applicant is before this Court, seeking bail. 3. As per the allegation of the victim, it appears that the Applicant had sexual intercourse with her for the first time somewhere in the second week of March, 2010 but the complaint itself came to be filed on 04th August, 2010. The learned Sessions Judge, in his order dated 21st August, 2010 has observed that the victim's complaint was recorded on 04th August, 2010, and that her further statement recorded on 05th August, 2010, in the presence of an NGO, showed that she had disclosed about her friendly relationship with her fiancee and the said statement revealed that the said relations with her fiancee were mutual and in fact the parents of both had agreed to get them married. If that be the case, the Applicant could not have been denied bail either by the learned Sessions Judge or additional Sessions Judge by her order dated 31st August, 2010. 4. This appears to be a case where the complaint of rape has been filed after the friendly relationship between Applicant and the victim has turned sour. The Application is therefore granted. 5. The Applicant shall be released on bail upon execution of a Bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the learned Additional Sessions Judge, Margao. 6. Observation made herein are only for the purpose of deciding the bail application. 7. Authenticated copy of the order be issued to the learned Counsel for the Applicant. N. A. BRITTO, J. ars