1 CR.APL NO. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 13. APPLN/1438/2011 MUKUND SHRIMANT KSHIRSAGAR [Criminal] V/S THE STATE OF MAHARASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. R.M.Deshmukh, Adv., for the applicant. Mr.N.B.Patil, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:19/4/2011 1. Heard finally. The accused/applicants, in custody from 25/12/2010 for an offense under Sections 363-A, 366, 376 of IPC, in Crime No.I.128/2010, registered at Ghansawangi Police Station, claims bail. 2. The victim, studying in Xth Standard, having born on 22nd Oct., 1994, allegedly was kidnapped by the accused. The statement of the victim more lean to illustrate that it was not a kidnapping but leading to love affair of the victim with the accused applicant, her neighbour, and the victim. Though the age of the victim was oscillating between 16 and 17 2 CR.APL NO. years, at the material time but her statement illustrated that she had ample opportunities on occasions to rebel against the violence, against the accused, for having kidnapped or enticed her and sneak away. However, she coolly remained in the company of the accused applicant in a rented premises. The theory of consensual sex at this stage need not be further dissected. The fact remains, the age of the victim provides a clue for the accused/applicant to be enlarged on bail. The aspect of kidnapping to which learned A.P.P. has given reference, need not be coined as the events and the statement of the driver illustrated that all throughout the victim was free in her approach. There was no fetter, no restriction, no compulsion on her movement. She remained in the company of the accused in a rented premises for a longer duration, even facilitated purchase of domestic appliances to carry regular day-to-day affairs. 3. In the result, since chargesheet is also filed, further custody of the accused/applicant is not warranted. 3 CR.APL NO. 4. Added to above situation is a statement from Mr.Deshmukh, Counsel, that the accused applicant will not reside in the village and shall reside at maternal uncle's place in Beed, till conclusion of the trial. Hence order: ORDER (a) The accused/applicant Mukund Shrimant Kshirsagar be released on his furnishing P.R. bond and surety in the sum of Rs.10,000/- ( Rs. ten thousand). (b) The accused/applicant, after his release shall not live within the jurisdiction of Ghansavangi Police Station or at the village Ranjani where the victim resides. (c) The accused applicant shall give his changed address of Beed district within 15 days of his release to the investigator and shall desist from making any phone call or any communication to the victim till conclusion of the trial. (d) The accused/applicant shall not commit an offense similar to the offense of which he is accused, or 4 CR.APL NO. suspected, of the commission of which he is suspected. (e) The accused/applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. Application allowed in above terms. (K.U.CHANDIWAL) JUDGE ... AGP/1438-11crapl