1 Cri.Appln.No.823/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.823/2011. (Yogesh s/o Vasant Salunkhe Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.PN Kutti, Adv. for applicant; Mr.KM Suryawanshi, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 10 th March, 2011. ... 1) Heard. 2) The accused, in custody from 12.11.2010 in Crime No.148/2010, registered at Chopada police station, District Jalgaon, for an offence under sections 363, 366-A and 376 of IPC, seeks bail. 3) Learned Counsel for the applicant submits, charge sheet is filed, nothing is to be recovered from the applicant/accused, he has no criminal record, he will abide the terms and conditions stipulated by this Court. 4) Learned APP has invited my attention to the statement of the victim, then 17 years old (date of birth 30.09.1993), wherein she disclosed having developed intimacy with the accused/applicant and they desired to marry. On 9.11.2010, based on earlier communication between her and the accused Yogesh, she – accompanied him at Akulkheda; where they remained near a tree throughout the night. 5) Without attributing anything as to involvement of the accused/applicant, since the victim roamed with the accused from place to place, even after leaving her job, least chances that the accused could coerce her with an intention to sell her or to seduce her to illicit intercourse with another person to 2 Cri.Appln.No.823/2011 attract section 366-A of IPC. Even if the victim was 17 years, the rigor in terms of section 363 will come into play in the light of definition of a minor under Section 361 of IPC. 6) Taking these aspects into consideration, the investigation being complete, charge sheet is filed, nothing is to be recovered from the applicant/accused, he has no criminal antecedents, the applicant/accused deserves bail on conditions. Hence order, 7) The applicant/accused Yogesh Vasant Salunkhe be released – on his furnishing PR bond and a surety in the sum of Rs. 20,000/- (Rupees twenty thousand) in connection with Crime No.148/2010 registered at Chopada police station, district Jalgaon. 8) The applicant/accused shall not live in Chopada till conclusion of the trial. He shall remain at Jalgaon and furnish his changed address to the Investigator with communication number. 9) The applicant/accused will not influence the witnesses, more particularly the victim, Sunita or her mother. (K.U.CHANDIWAL) JUDGE bdv/