*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3540/2009 Sanjay Krishna Waghera. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.R.D.Suryawanshi, Advocate for the Applicant. Mr.H.J.Dedhia, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 12th August, 2009. PC:- 1 This is an application moved by the Applicant for anticipatory bail in Crime No.I-38/2009 registered with Jawahar Police Station, District Thane for the offences punishable under Sections 313, 376, 504, 506 r/w 34 of the Indian Penal Code. The complaint was filed on 07.07.2009 by one Sheela Bhusara, who is 21 years old, to the effect that when she was studying in 7th standard she had fallen in love with the present Applicant. It is then stated that in the year 2004 the Complainant and the Applicant had sex at different places on various occasions. It is also the case of Complainant that when she asked the Applicant to marry, he declined. During that period the Complainant was pregnant and hence, the aunt, sister and brother-in-law of the Applicant assaulted *2* the Complainant and had taken her on 10.11.2004 to Shri Vinoba Civil Hospital, Selbav. On her examination, it was reported that the Complainant was carrying two months’ pregnancy. Thereafter, on 14.11.2004 the said persons along with the Applicant took the Complainant to Sadgeer Hospital and the pregnancy was terminated at the hands of Dr.Pratibha Sadgeer. 2 The allegations in the complaint pertain to the alleged acts committed by the Applicant in the year 2004 and the complaint is registered in the year 2009, absolutely with no explanation for the delay. Even in the year 2004 on her own showing her age was 17 years. 3 According to the learned counsel for the Applicant, the First Information Report has been lodged by the Complainant/ prosecutrix on account of incident that had taken place on 29.05.2009 on which date a complaint was lodged by the aunt of Applicant against the family members of the prosecutrix and consequent there upon notices were issued to the family members of the prosecutrix in chapter proceedings initiated under Section 107 of the Code of Criminal Procedure. 4 Having regard to totality of the facts and circumstances, in the instant case the Applicant is entitled to be released by granting anticipatory bail. In the result, I pass the following order:- (i) In the event of arrest of the Applicant in Crime No.I-38/2009 registered with Jawahar Police Station for the offences punishable under Sections 313, 376, 504, 506 r/w 34 of the Indian Penal Code, the Applicant shall be released on bail on execution of a personal bond in a sum of Rs.20,000/- with one or *3* two sureties in the like amount. (ii) The Applicant shall attend Jawahar Police Station daily in between 4:00 to 6:00 pm for a period of one week and thereafter, as and when directed by the Investigating Officer. (iii) The Applicant shall abide by the conditions stipulated under Section 438(2) of the Code of Criminal Procedure. (iv) Application is allowed and disposed of accordingly. (A.P. Deshpande, J)