1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 318 OF 2009 Dorairaj Suppu Devendra ..... Applicant. V/s The State of Maharashtra (At the instance of Antop Hill Police Station in C.R. No.215/08) ..... Respondent. ------ Mr. Anil Lalla for the applicant. Mr. Rajesh More, APP for the State. ------ CORAM : V.M. KANADE, J. DATE : 2nd February, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under sections 376, 506(ii), 343 and 365 of the Indian Penal Code which is registered at Antop Hill Police Station vide C.R. No.215 of 2008. 3. It is the prosecution case that the applicant who was working in Kirana Shop, abducted the prosecutrix who was 22 years of age by showing her knife and forcibly took her to Masjid Bunder and had sexual intercourse with her. It is 2 alleged that the applicant and the prosecutrix stayed together for a period of 4 to 5 days and, thereafter, the prosecutrix was brought to her house. However, her parents refused to take her in home. A complaint was filed thereafter against the present applicant. 4. Taking into consideration the peculiar facts and circumstances of this case and the fact that the prosecutrix stayed with the applicant for a period of 4 to 5 days, theory of abduction at the point of knife does not appear to be probable. The prosecutrix was 22 years of age when the incident took place and the possibility of consent, therefore, cannot be ruled out. Applicant, therefore, is entitled to be released on bail subjection to certain conditions being imposed on him. 5. Applicant be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant, however, shall not enter the jurisdiction Antop Hill Police Station, pending the hearing and final disposal of trial. He shall report to the nearest Police Station from his new address. He shall furnish his new residential address to the Superintendent of Jail before his release. Applicant shall not threaten the prosecutrix or any other witnesses. Applicant shall initially be permitted to give cash bail and thereafter within two weeks applicant shall furnish the aforesaid one or two sureties. 3 6. Application is disposed of. (V.M. KANADE, J.)