1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4790 OF 2009 Neerav Dilipbhai Chitroda ...Applicant Vs. The State of Maharashtra ...Respondent ----- Shri M.K. Kocharekar for Applicant Shri S.A. Shaikh-APP for State ----- CORAM: V.M. KANADE J. DATED: 6TH NOVEMBER, 2009 P.C. 1. The Applicant has been arrested in connection with an offence registered by Kasturba Marg Police Station vied C.R. No. 201 of 2009 for the offences punishable under sections 363, 366, 376 of the Indian Penal Code. 2. It is alleged that the applicant kidnapped the prosecutrix, who was 17 1/2 years old on the date of incident. 3. The Sessions Court rejected the application on the ground that the exact age of the prosecutrix could not be ascertained till the medical report was received from the doctor. It is the case of the Applicant that the Applicant and the prosecutrix had eloped together and, therefore, offence under sections 363, 366 and 376 was not made out by the prosecutrix. The 1 school leaving certificate is annexed with this application clearly indicates that the prosecutrix was born on 7.2.1991 and, as such, on the date of incident i.e. 2.10.2009 she was 17-1/2 years old. Even in the remand application has also clearly mentioned that the prosecutrix was 17-1/2 years old. The statement of the girl was also recorded by the police, in which she had stated that she had accompanied with the Applicant on her own free will and consent. 4. The Applicant, prima facie has, therefore, made out the case for grant of bail. The Applicant be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall report to the concerned police station, as and when called. 5. Application is disposed of. (V.M. KANADE J.)