1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4829 OF 2011 Sajid Sabir Ansari Applicant V E R S U S The State of Maharashtra Respondent Shri. D.S.Bagul, Advocate for the applicant Shri. D.R.Kale, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 24th November, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. The applicant apprehends arrest in Cr.No.163/11 registered with Azadnagar Police Station, Dist. Dhule for the offence punishable under section 376 of Indian Penal Code. The F.I.R. is filed by Taslim Shaikh. Perused the said F.I.R. She claims to have relations with the applicant as the applicant represented to her that he will marry her. However, no marriage has taken place and only about 1 ½ months prior to filing of F.I.R., the applicant stopped keeping relations with the victim. On this ground, F.I.R. is filed. The police statements of the witnesses do indicate that they have seen the applicant visiting the house of the complainant even at odd hours. 3. Looking to the police papers, it is apparent that complainant has maintained relations with the applicant and 2 had consented for sexual intercourse. She claims that her consent was obtained by putting her under impression that applicant would marry her. The very fact that this kind of relations continued for two years and it is only when applicant stopped visiting the complainant for a period of 1 ½ months, the complainant thought for filing the F.I.R. All these facts do indicate that there was definite understanding between complainant and the applicant. In my view, custodial interrogation of the applicant is not necessary. He can be put to terms as regards submitting himself for interrogation and attendance. Hence the following order. ORDER 1. In the event of arrest of the applicant in Cr.No. 163/11 registered at Azadnagar Police Station, Dist. Dhule, he be released on bail in the sum of Rs. 15,000/- (Rupees fifteen thousand only) with one surety in the like amount. The applicant to execute P.R.Bond of Rs. 15,000/-. 2. The applicant to report to the concerned police station firstly on 30th November, 2011 between 11.00 a.m. To 4.00 p.m. and thereafter as and when called for. ( R.Y. GANOO, J. ) vsm/criappln4829.11