1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3551 OF 2009 Amit Ashok Jadhav ........ Applicant versus The State of Maharashtra ........Respondent. Mr. Jaydeep D. Mane adv. for the Applicant Mr. Y.M. Nakhwa APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 20th August, 2009. P. C.: 1. By consent of both the counsel, the matter is taken up for hearing and final disposal. 2. The applicant is a young boy aged 21 years. An offence is registered against him vide C.R. No. 300/08 of Foujdar Chawadi police station under section 376 of IPC. According to the prosecution, the prosecutrix was aged 16 years at the time of filing of FIR. The applicant met her on the road and he took her to the nearby bushes and forcibly committed rape on her. The prosecutrix had filed an affidavit before the Sessions Court on 22­4­2009 wherein it is stated that the prosecutrix and the present 2 applicant are neighbours and have fallen in love. The love relations between the applicant and the prosecutrix are since more than two years and both of them had agreed to marry. The applicant is Hindu whereas the prosecutrix is Muslim. According to the affidavit, the prosecutrix did not tell her parents about the love affair as she though that they would not like it. On 17­12­2008 the prosecutrix and the present applicant had together gone out for a walk and they were caught by the parents and relatives of the prosecutrix. It is further stated in the affidavit that in the area wherein the applicant and the prosecutrix resides, the relations between Hindu and Muslims are strained and hence the parents and the relatives of the prosecutrix forced her to file a false complaint. It is categorically stated in the affidavit that the applicant has not committed any offence and no incident had taken place whereas a false complaint was filed. The prosecutrix has given her birth date as 1­4­1991 and thus on the date of filing of the affidavit she is stated to be 18 years of age. This fact of filing of affidavit by the prosecutrix in the Sessions court of her own free will is not disputed. 3. The applicant is in custody since December 2008 i.e. for more than eight months. Having regard to the totality of the facts and circumstances and more so having regard to the affidavit filed by the prosecutrix, I deem it appropriate to direct release of the applicant on bail. In the result, the applicant shall be released on bail on executing personal bond in the sum of Rs. 10,000/­ with one or two sureties in the like amount. The applicant shall attend 3 Foujdar Chawadi police station once a fortnight till conclusion of the trial. Application stands disposed of. (A. P. Deshpande, J.)