IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.1195 OF 2008 CRIMINAL APPLICATION No.1195 OF 2008 CRIMINAL APPLICATION No.1195 OF 2008 Tanvir Ahmad Mushtak Ahmad Ansari ..Applicant. Vs. The State of Maharashtra ..Respondent. Mr S. B. Patil with W. I. Shaikh, Advocate for the Applicant. Mr S. R. Shinde, A.P.P. for the State. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. CORAM: V.C. DAGA,J. DATED: 28.4.2008. DATED: 28.4.2008. DATED: 28.4.2008. P P P.C. C. C. 1. Heard learned counsel for the applicant and the learned APP for the State. 2. Perused the application and the material available on record. 3. By this application, the applicant is seeking bail in C.R.No.I-164 of 2007 registered with Mahatma Fule Chowk Police Station, Kalyan for the offence punishable under Sections 376, 366, 506 of the I.P.C. 4. The applicant has already moved an application bearing No. 3242 of 2007 which came to be dismissed in default by an order dated 8.10.2007. The applicant did not move application for restoration of the application which came to be dismissed in default. However, he preferred to file fresh application. The applicant is "Maulvi" by profession. The offence alleged against him is mainly under Section 376 of the I.P.C. There is no denial to the fact of sexual intercourse against the complainant. However, case sought to be made out is that of love affair. Consent appears to have been obtained on the promise to marry and then the promise appears to have been breached. Under these circumstances, alleged consent is hardly of any help to the applicant so as to warrant this Court to exercise discretion in favour of the applicant. 5. The applicant is "Maulvi". He appears to have taken advantage of his status in the society. The possibility of further committing offence in the society cannot be ruled out. Under these circumstances, looking to the gravity of the offence, I am not inclined to grant bail application. 6. In the result, the present application stands rejected. 7. Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (V.C.DAGA,J) (V.C.DAGA,J) (V.C.DAGA,J)