FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1854/2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Machindra Budha Khade . Applicant Versus The State of Maharashtra . . .Respondent Shri S.T.Shelke, Advocate for applicant Shri J.S.Ghavane, APP for the State. Coram : A.V.NIRGUDE, J Date : 17/7/2009 P.C. The applicant is seeking bail in Crime No. I-14/2009 registered with Rajur Police Station, Tq.Akole, Dist. Ahmednagar, for the offence punishable under Section 376 of IPC. The complainant is a young woman of 19 years. She said that, in the month of November, 2008, the applicant raped her and then promised her that he would marry her. She then said that, thereafter, on several occasions the applicant had sex with her. She said that, in January, 2009, she found that she was pregnant. She informed this fact to the applicant, who then gave her certain medicine for terminating pregnancy. This, however, did not work. The pregnancy of the complainant continued. On 11/4/2009, while the complainant was still pregnant, she got married with one Navnath, r/o Sonushi, Tq. Igatpuri, Dist. Nasik. However, the complainant came back after having reached seven months pregnancy and thereafter, lodged this complaint. It is the case of the prosecution that, the applicant secured consent of the complainant for sexual encounters by holding out promise to marry her. It is doubtful whether it would amount to an offence of rape. The prosecution case is further diluted due to the fact that the applicant and the complainant had many sexual encounters. This indicates that, the complainant was in love with the applicant and she took the risk of having unprotected sex with the applicant. The applicant is in custody since 28/5/2009. The investigation in this case must have been over by now. The applicant, therefore, deserves bail. The applicant be released on bail on executing a personal bond of Rs.5,000/- (Rupees five thousand only) with one surety in the like amount. The application dispose of. (A.V.Nirgude, J.) cri1854-2009