BA-868-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.868 OF 2011 Vikas Gowardhan Rathod ... Applicant V/s. The State of Maharashtra, Thru' Cuff Pared Police Station, Colaba, Mumbai ... Respondent Mr. Laxman Deshmukh for the Applicant. Mr. K.V. Saste, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 6 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R. and the annexures to the Bail Application. The Applicant has been arrested on 8th April, 2011 on the allegation of having committed offences punishable under Section 376 IPC and 420 IPC and 506 (Part II) of the IPC read with Section 34 of the IPC. The victim, who is of 17 years on the date of lodging of the F.I.R., i.e. 7th April, 2011, reported to the Police that she and the Applicant were in love, and that they used to meet each other. That the Applicant used to swear that he would be marrying the victim. Some time in the month of June-July, 2009, the Applicant is alleged to have committed rape on the victim. According to the victim, however, since the Applicant had stated that he would marry her, she did not tell about the incident to anyone. It appears that the BA-868-11.sxw 2 Dixit victim became pregnant, but got the pregnancy terminated medically. It also appears that the victim and her parents were insisting that the Applicant should marry the victim; but when the Applicant refused to marry her, the said F.I.R. came to be lodged. 3. Going by the dates given in the F.I.R., it appears that, at the material time, the victim was below 16 years of age. Therefore, even if it is held that she was a consenting party to the intercourse, the Applicant can be said to have committed the offence punishable under Section 376 of the IPC. 4. However, it is also significant that the report came to be lodged against the Applicant only after he refused to marry the victim. The detention of the Applicant does not seem to be essential from the point of view of investigation. The Applicant is said to be gainfully employed. 5. Under these circumstances, I am inclined to release the Applicant on bail, subject to certain conditions. 6. The Applicant is ordered to be released on bail in the sum of Rs.40,000/-, with one surety in like amount, or two sureties in the sum of Rs.20,000/- each, on the condition to attend the concerned Police Station and make himself available for investigation/interrogation, as and when required by the Investigating Officer. [A.M. THIPSAY, J.]