1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 727 OF 2010 Sanjay Kiran Bhalerao .. Applicant V/s The State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. V.T. Tulpule, Senior Advocate with Ms.Nisha Parab and Mr. Harshad Kandalkar for the applicant. Mrs. M.R. Tidake, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 18TH FEBRUARY 2010 P.C. : 1. By this application, the applicant seeks bail in connection with C.R. No. I-616 of 2009 registered at Mahatma Phule Chowk Police Station, Kalyan, District Thane, for an alleged offence punishable under sections 376, 419 and 504 of the I.P.C. 2 2. According to the prosecutrix, on 26th December 2009 Ms. Naina (hereinafter referred to as “the complainant) lodged a first information report to the police that the applicant had intercourse with her by promise of marriage and thereafter the applicant married another woman. The relationship is alleged to have been going on for more than 2 years. Admittedly, the intercourse was with consent. The only issue which is to be decided is about the consent obtained by fraud. That issue can only be decided at the trial. 3. The investigation is over and it is not necessary to keep the applicant in custody as there is no allegation that the applicant is likely to tamper with any evidence or likely to run away. In the circumstances, in my view, the applicant can be granted bail. Hence, I pass the following order:- 3 ORDER The applicant be released on bail on his executing a personal bond of Rs.10,000/- with one surety of the like amount or cash security of the equivalent amount, subject to a condition that the applicant shall not threaten the complainant or any of the prosecution witnesses. (D.G. KARNIK, J.)