1 Criminal Application No.925/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.925 OF 2011 Vinod s/o Vilas Ghule ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri R.V. Ghuge, Advocate holding for Shri D.H. Jadhavar, Advocate for applicant Shri N.B. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 22nd March, 2011 PER COURT : 1. Heard. In Crime No.94/2010, registered at Yermala Police Station, for an offence under Section 376 of the Indian Penal Code, the accused, in custody from 5.10.2010, seeks bail. 2. Learned counsel submits, that the radiological report of the victim, dated 6.10.2010 primarily illustrate, she to be above 18 years of age. There is no age proof showing the victim to be 15 years at the material time. Charge sheet is filed, charge is framed on 3.2.2011, no progress as yet. 3. Reading theory as propounded by the victim, it appears, 2 Criminal Application No.925/2011 the activities were more leaning to a consensual sex than an aggravated form of ravishing her. It may be that under promise of marriage she was ravished, she became pregnant. The accused allegedly refused to marry. Considering the primary evidence of radiological test, a impression is generated of consensual sex as stated above. 4. Now Mr. Gore, on instructions, informs, victim expired before 10 days. Learned A.P.P. has no instructions on this point. 5. The survey of above details, makes out a case to release the accused/ applicant on bail on conditions. Hence order : O R D E R 6. The accused/ applicant be released on his furnishing P.R. bond and a surety in the sum of Rs.10,000/- (Rupees ten thousand). The applicant shall not persuade the witnesses. Application allowed. K.U. CHANDIWAL JUDGE fmp/cri925.2011