1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1288 OF 2009 Harikesh Ramanand Gupta .... Applicant. V/s The State of Maharashtra & Ors. .... Respondents. Mr. Rajkumar Yadav for the applicant. Mr. S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATE : 2nd April, 2009 P.C:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under sections 363, 365, 376 of the Indian Penal Code which is registered at Bhandup Police Station vide C.R. No.272 of 2008. The prosecutrix in her statement has clearly stated that she was having love affair with the applicant for some time. The ossification test shows that the prosecutrix was between 16 to 19 years of age. The birth certificate of the prosecutrix is not produced by the prosecution. 3. In view of the statement of the prosecutrix and the report of ossification test, in my view, applicant would be 2 entitled to be released on bail since, prima facie, it appears that the prosecutrix had sexual relations with the applicant by consent. 4. Applicant be released on bail in C.R. No.272 of 2008 in the sum of Rs 5000/- with one or two sureties in the like amount. He shall report to the concerned Police Station once in a month. 5. Application is disposed of. (V.M. KANADE, J.)