1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5144 OF 2009 Rohit Bhimrao Jadhav ...Applicant vs. The State of Maharashtra ...Respondent Mr.V.V. Purwant i/b. Mr.Shrikant H. Yadav for the Applicant. Mrs.P.P. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 9, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested in connection with an offence punishable under Sections 363, 366A, 376 read with 34 of the IPC registered vide C.R.No.I-198/2009 with Manpada Police Station, Dombivali, District Thane. 2 3 Prosecution case is that the applicant and the prosecutrix eloped together and came to Kalyan and stayed there in a lodge. It is alleged that the applicant had sexual intercourse with the prosecutrix. Charge sheet is filed. Investigation is over. The applicant is 21 years of age and he is in jail since 23rd May, 2009. The age of the prosecurtix is 13 years. However, taking into consideration the age of the applicant and the fact that the investigation is over and there is no other prior antecedent of the present applicant, custodial detention of the applicant in jail during the pendency of the trial, therefore, in my view, is not necessary. It does appear, except the facts and circumstances that they had eloped together and had stayed in a lodge at Kalyan, that there is no material on record to indicate that the applicant had forcibly kidnapped the prosecutrix. Though the fact remains that she was below the age of 16 years and as such, her consent cannot be considered to be 3 legal consent. However, under these circumstances, therefore, in my view, the applicant need not be detained in jail, indefinitely. 4 The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant, however, shall not enter the jurisdiction of Dombivali during the pendency of the trial. I am informed that the applicant has another residence at Kurla. The applicant, therefore, shall report to the Kurla Police Station once in a month. 5 Application is disposed of. (V.M. KANADE, J.)