abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 758 OF 2008 Jagdeep Bhimashankar Jadhav .. Applicant V/s The State of Maharashtra .. Respondent Mr.R.S. Kate for the applicant. Mr.S.S. Pednekar, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 27TH MARCH 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant has been arrested on 28th December 2008 in connection with C.R. No.92/2007 registered with Salgar Vasti Police Station, Solapur for the alleged offence punishable under section 376 of the Indian Penal Code. 3. The prosecution case, as revealed in the FIR dated 26th December 2007, is that the complainant came in contact with the applicant some time in - 2 - February-March 2006. According to her, they fell in love with each other and in June 2006 he insisted on having physical relationship. The complainant refused the same but the applicant promised her that he would marry her and thereafter in Diwali 2006 he had intercourse with her against her wish. Thereafter they had sexual intercourse on many occasions till 15th August 2007. However, the applicant subsequently refused to marry her. 4. The facts prima facie disclose that the relationship was consensual. It is contended that the consent for sex was obtained under a false promise of marriage. Whether the consent was obtained on false promise of marriage is a question which can be decided only on appreciation of evidence at trial. At this stage, it can only be stated that the relationship was consensual. 5. Taking an over view of the matter and also taking into consideration the fact that the applicant is in custody for nearly 3 months and the relationship was consensual, in my view, the applicant can be granted conditional bail. Hence, I pass the following order:- ORDER ORDER ORDER - 3 - The applicant be released on bail on personal bond of Rs.15,000/- with two sureties of like amount subject to the following conditions:- (a) The applicant shall not, directly or indirectly, make any inducement or threats to the complainant and any of the prosecution witnesses. (b) The applicant shall report to the concerned police station once a month between 1st and 5th day of every British calendar month till the conclusion of trial or till otherwise ordered by the trial court. (D.G. KARNIK, J.)