1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (BA)No.534/2011 Harshal Ashok Jain (Rawka) Vs. State of Maharashtra. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 13/10/2011. Heard Mr. P. C. Navlani, learned counsel for the applicant and Mr. N. R. Rode, learned APP for the respondent. The applicant, who has been arrested on 25.5.2011 in Crime No.118/2011 registered at Police Station, Rajapeth for offence punishable under Sections 376, 504 and 506 of the Indian Penal Code, has filed the present application for bail. The allegation against the applicant is as follows:- The applicant was the friend of the brother of the prosecutrix and he made friendship with the prosecutrix and established relationship with her and also agreed to marry her and since last about one year, he has been enjoying sex with her and as on 25.5.2011 the prosecutrix was pregnant of four months and when she questioned about marriage, the applicant refused to 2 marry her and also threatened her. It is the contention of the learned APP Shri Rode that the school certificate of the prosecutrix shows that her birth date is 9.12.1994 which means that on the date of the complaint she was about 17 years and therefore, sexual intercourse between prosecutrix and the applicant had taken place about one year prior to that when she was minor. However, it is seen from the records that a Radiologist has given report on 27.5.2011 stating that the prosecutrix is 17 years plus one year as on that date. There is therefore doubt whether the prosecutrix was minor. The exact dates of sexual intercourse are not known but one thing is sure that the sexual intercourse was by consent and under the belief by the prosecutrix that the applicant would marry her. It is seen that charge-sheet has already been filed and no further investigation remains to be carried out. No purpose would be served by keeping the applicant in custody. The applicant, in my view, deserves bail with appropriate conditions. In the result, the application is allowed. The applicant shall be released on bail in Crime No. 118/2011 registered at Rajapeth Police Station for offence under Sections 376, 504 and 506 of the Indian Penal Code upon execution of personal recognition bond in the sum 3 of Rs. 30,000/- (Rs. Thirty thousand only) with one solvent surety in the like amount. under following conditions:- (a) The applicant shall not try to contact the prosecutrix in any manner whatsoever and also shall not tamper with other prosecution witnesses. (b) The applicant shall not leave India without previous permission of this Court. Application stands disposed of accordingly. JUDGE Ambulkar.