1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 903 OF 2008 Bhausaheb Jagannath Kadam ... Applicant. Versus State of Maharashtra, through Taluka Police Station,Malegaon,Nashik. ... Respondent. Mr. N. R. Bubna for the Applicant. Mr. S. R. Shinde, APP for the Respondent. CORAM : V. C. DAGA, J. DATED : 4TH JUNE, 2008. P.C.: Heard learned Counsel for the applicant and the learned A. P. P. for the State. 2. Perused the application and the material available on record. 3. The applicant is seeking regular bail under Section 439 of the Criminal Procedure Code, 1973 in connection with C. R. No. I-8 of 2008 registered with Taluka Police Station, Malegaon for the offence punishable under Sections 363, 363A and 376 of the Indian Penal Code. 4. The applicant was arrested on 11th January, 2008. The plain reading of F.I.R. makes it clear that the relationship between the applicant and the 2 prosecutrix was out of free consent. The prosecutrix was knowing that the applicant is a married person and that he is not keeping well with his married wife. The circumstances, in which the promise of marriage was given, were clear. The applicant has also filed the birth certificate of the prosecutrix which shows that on the date of the incident i.e. on 8th January, 2008 she was above 16 years of age. The investigation is complete. The charge sheet has already been filed. Under these circumstances, no useful purpose will be served by keeping the applicant in custody. The entire case revolves around the circumstances. There is no question of pressurising the prosecution witnesses and/or playing with the investigating agency is also ruled out. 5. Under these circumstances, the following order: (a) The applicant, arrested in connection with C. R. No. I-8 of 2008 registered with Taluka Police Station, Malegaon, Dist. Nashik, be enlarged on bail in the sum of Rs.25,000/- with one or two local sureties to make up the said amount. (b) The order of bail will be given effect only after the applicant furnishes to the Investigating Officer the details about his place of residence and address where he proposes to stay after he is enlarged on bail. The applicant will not change his residential address 3 thereafter till the conclusion of trail without prior intimation to the Investigating Officer. (c) The applicant shall not directly or indirectly make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (d) The applicant shall co-operate with the Trial Court for disposal of the case. It is needless to mention that breach of any of the conditions by the applicant shall result in cancellation of bail. (e) Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of trial. 6. Application stands disposed of, accordingly. Sd/- (V. C. DAGA, J.)