1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5263 OF 2009 Shri Santosh Tukaram Mohite ...Applicant vs. The State of Maharashtra ...Respondent Mr.Machindra A. Patil for the Applicant. Mr.S.A. Shaikh, APP for the State. CORAM : V.M. KANADE, J. DATED : DECEMBER 2, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant was arrested in connection with an offence punishable under Sections 376 and 366 of the IPC which was registered with the Vathar Police Station, District Satara, vide C.R.No. 10/2009. 2 3 The prosecutrix in her statement has stated that she had eloped with the present applicant voluntarily and got married with him. In the Sessions Court also, the affidavit was filed by the said prosecutrix. On the date of the incident, the prosecutrix was 17 years and 11 months old and therefore, was not below 16 years of age. She has, however, alleged that the father of the prosecutrix has alleged that the applicant was already married and had, therefore, cheated his daughter. 4 Taking into consideration these facts, prima facie, it does appear that the offence punishable Sections 376 and 366 of the IPC was not made out. The applicant is in jail since 5th October, 2009. His custodial interrogation, therefore, is not necessary. The applicant, under these circumstances, in view of the statement of the prosecutrix deserves to be released on bail. 3 5 The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He shall, however, not enter the jurisdiction of the Vathar Police Station, Taluka Koregaon, District Satara, till the filing of the chargesheet and for a period of six months thereafter, he shall report to the nearest police station from his new address once in a week till the filing of the chargesheet and thereafter, once in a month for a period of six months thereafter. After the period of six months is over, the applicant shall report to the Vathar Police Station once in a month. He shall not threaten any of the witnesses or tamper with the evidence. If any complaint is received, the Investigating Officer may apply for cancellation of bail. 6 The application is disposed of. (V.M. KANADE, J.)