[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3105 OF 2008 Bilal Abbas Peerjade ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Ujwal Agandsurve Advocate for Applicant Mr.Rajesh More APP for the State Mr.Anant Wadgaonkar Adv. for orignial complainant ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 18, 2008 DATE : SEPTEMBER 18, 2008 DATE : SEPTEMBER 18, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant, the learned A.P.P. for the State and the learned advocate for the original complainant. 2. The applicant is seeking bail in CR No.88 of 2008 of Faujdar Chawadi Police Station Solapur. The said case is under Section 376 of IPC. 3. It is the prosecution case that the applicant had an affair with prosecutrix. At that time, prosecutrix was over 16 years of age. In the year 2003, Bilal told that he would marry her and he had [-2-] forcible sexual intercourse with the prosecutrix. Thereafter also, Bilal continued to have sexual inter course with the prosecutrix. However, in the year 2008 when the prosecutrix came to know that Bilal would not marry her, she lodged complaint against Bilal. 4. It is seen that after the first incident of rape which occurred on 1.6.2003, the prosecutrix was moving around with Bilal and she accompanied him to various places like Hyderabad with the consent of her parents. In Hyderabad, the prosecutrix stayed with her maternal aunt. It is her case that at Hyderabad also, Bilal had sexual inter course with her. If the sexual intercourse was against her will, she would have shouted for help and as she was in her own aunt’s house, she would have got help. However, she has not tried to seek any help. This shows consent on her part. So also, looking to the conduct of the prosecutrix in accompanying Bilal to various places, it clearly appears to be a case of consent and the prosecutrix has falsely implicated the applicant because thereafter Bilal did not marry her. Looking to the above facts, I am inclined to grant anticipatory [-3-] bail to the applicant. 5. The applicant-Bilal Abbas Peerjade be released on bail in the sum of Rs.20,000/- (Rs.twenty thousand only) with one or two sureties to make up the said amount. The applicant shall report to Faujdar Chavdi Police Station, Solapur once in a week till conclusion of the trial. 6. The trial Court shall not be influenced by any observations in this order while deciding the trial. 7. Application disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]