IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 548 OF 2009 Sanjay Mithalilal Jaiswal ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri S.P. Kadam i/b. J.V. Chaudhary & R.S. Shekhawat for Applicant Shri S.S. Pednekar, APP for State ---- CORAM: V.M. KANADE J. DATED 3RD MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under section 376 of the Indian Penal Code. 3. The prosecution case is that the prosecutrix Ragini Girijashankar Gautam, who was 14 years of age eloped with the Applicant and went to Ankaleshwar in Gujrat State. Strangely, one other girl Suman Ramsahay Jaiswal, who was also 14 years of age accompanied the Applicant and the prosecutrix and stayed with them in the said room which was taken on rent by the Applicant. The prosecutrix in her statement had stated that she used to cook for the Applicant and that the Applicant had forcibly raped her. 4. No such allegation has been made by the other girl Suman Jaiswal. Both were 14 years of age at the time when the said offence had taken place. The Applicant is in jail since one year and two months. He is permanent resident of Thane. From the statement itself, it is apparent that the prosecutrix had willfully accompanied the Applicant. The medical certificate shows that there was no bruises or markings on her body. A complaint was filed by the father of the prosecutrix after he learnt that the Applicant and the prosecutrix had eloped together. 5. Under these peculiar facts and circumstances, and since the Applicant is already behind bar since 1 year and two month, the Applicant deserves to be released on bail. 6. The Applicant be released on bail in C.R. No.I-337 of 2007 registered at Kalwa Police Station in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned police station once in a month. The Applicant shall not give threat to the prosecutrix or any other witnesses. 7. Application is disposed of. V.M. KANADE J.