..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2276 OF 2008 Kailas Navnath Gade. ..Applicant. Versus The State of Maharashtra. ..Respondent. .... Mr.Jaydeep D. Mane, Adv. for the applicant. Mr.S.S.Pednekar, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 16th July, 2008. DATED : 16th July, 2008. DATED : 16th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R. No.16 of 2007 of Karmala police station. The said case is under sections 363, 366 and 367 of IPC. 3. The learned Advocate for the applicant states that the applicant has been in custody for more than one and half years. The prosecutrix was 16 years at the time of the incident. Her statement shows that she has left her house voluntarily of her own accord and she had ..(2).. accompanied the applicant to various places. She has stayed with the applicant for about two and half months. In her statement the prosecutrix has not stated that the sexual intercourse was forcible in nature or that it was without her consent or against her will. Thus, it is seen that the sexual intercourse has taken place by consent. As far as offence under Sections 363 and 366 is concerned, looking to the above facts and the evidence on record and the decision of the Apex Court in the case of S.Varadrajan Vs. State S.Varadrajan Vs. State S.Varadrajan Vs. State of Madras of Madras of Madras reported in AIR 1965 SC 942 AIR 1965 SC 942 AIR 1965 SC 942, I am inclined to grant bail to the applicant. 4. Applicant- Kailas Navnath Gade to be released on bail in the sum of Rs.10,000/- (Rs.Ten Thousand Only) with one or two sureties to make up the said amount. The applicant shall report to Karmala Police Station once in a month, till conclusion of the trial. 5. Criminal Application is disposed of accordingly. ..(3).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)