( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2798 OF 2010 Santosh s/o Prakash Tadmadge, R/o Gavlinagar, Nanded Road, Latur, District Latur. APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Smt. Sadhana S. Jadhav, advocate for the applicant. Smt. S.D. Shelke, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 24th August, 2010] PER COURT : 1. By this application, the applicant seeks bail under section 439 of the Criminal Procedure Code. 2. The applicant has been arrested in connection with crime No. 263/2009, registered at Gandhi Chowk Police Station, Latur for offences punishable under section, 363, 366, 376 (g) read with section 34 of I.P. Code, alleging that he threatened the prosecutrix to accompany him in the night of 5th December, ( 2 ) 2009 and took her under duress to Hyderabad. They resided in a room hired from one Shaikh Rashid Shaikh Ali. It is alleged that the applicant alongwith his two (2) friends overpowered her, tied her legs, gagged her mouth and ravished her one after another. 3. It appears that during course of investigation, the statement of the prosecutrix was recorded on 27th December, 2009. Her police statement purports to show that she had developed acquaintance with the applicant and they were exchanging chitthis prior to the incident. Thus, it is amply clear that there were some letters written by them to each other. She did not raise any alarm during the relevant night when she had left with the applicant at about 1 a.m. It is further explicit that the medical examination revealed that she was aged about 18 years to 19 years when the ossification test was carried out on 30th December, 2009. It prima facie appears, therefore, that the prosecutrix was major and had gone with the applicant after the midnight from house of her parents. Throughout the journey, she did not raise any cry, nor complained against the applicant to anyone. 4. The medical report shows that no mark of violence ( 3 ) was found on her person. It was also noticed that the hymen was ruptured and the vagina admitted one finger easily. Thus, she was well versed with the intercourse. The conduct of the prosecutrix is somewhat unnatural. Copies of the love letters are apparently collected by the Investigating Officer and she referred herself as “Prem-Diwani”. In other words, she was attracted towards the applicant and he was infatuated by her. 5. Considering the relevant investigation papers and the circumstances, the application is allowed. The applicant shall be released on bail on furnishing of bail bond in sum of Rs. 25,000/- with one solvent surety bond in the like sum. The bail bonds shall be furnished before the concerned Sessions Judge. The applicant shall also file an undertaking that he will not contact any of the prosecution witnesses during course of the investigation and during course of the trial and will remain away from Latur during the period of trial. The application is accordingly disposed of. [V.R. KINGAONKAR] JUDGE NPJ/criapln2798-10 ( 4 )