1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 1336 of 2010 Rupesh alias Kisna alias Balu v. State ----------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr R.M. Daga, Adv for applicant Ms A.R. Taiwade, APP for State Coram: A.P. Bhangale, J Dated : 16th September 2010 1. Heard learned counsel for the parties. Applicant is seeking bail in Crime No. 22/10 registered with Police Station, Khaparkheda for the offences punishable under Sections 361, 363, 366, 376, 109, 186, 342 of the Indian Penal Code. 2. Learned counsel for the applicant submits that although the incident is of alleged kidnapping, applicant had and has every intention to get married with girl Karishma and they had, in fact, decided to marry in a temple. It is pointed out that the girl had no complaint whatsoever of any sexual intercourse till 15th April 2010. It is further submitted that after the girl becomes major, applicant would marry with her. 3. Learned APP submits that consent of the girl is immaterial in the eye of law, she being minor. She submits that if the applicant is enlarged on bail, he may try to tamper with prosecution evidence. 4. Applicant is in custody since 4.5.2010. In view of the peculiar 2 facts and circumstances of the case and particularly, in view of the fact that charge-sheet is already filed, in my opinion, further detention of the applicant would not serve any fruitful purpose. I am inclined to grant bail to the applicant. Hence, the following order. 5. Applicant be released on bail upon his executing PR Bond in the sum of Rs. 30,000/- with one or more sureties in the like amount. Applicant shall attend on each date of hearing in the trial unless specifically exempted by the Court concerned. He will not commit any crime while on bail. Applicant shall not communicate with any of the prosecution witnesses and shall not tamper with prosecution evidence in any manner. Applicant shall leave his fixed address along with telephone/cellphone number (if any) to the Investigating Officer and to the concerned Court concerned and shall communicate change therein, if any, forthwith in future. Application stands disposed of accordingly. Hamdast. Judge. hsj