*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3157/2009 Gous Lala Patel. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.V.V.Purwant, Advocate for the Applicant. Mr.J.P. Yagnik, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 17th August, 2009. PC:- 1 This is an application under Section 439 of the Code of Criminal Procedure filed by the Applicant in connection with Crime No.52/2009 registered with Jail Road Police Station, Solapur for the offences punishable under Sections 376, 363, 366 and 511 of the Indian Penal Code. 2 According to the complaint, the present Applicant who is about 21 years of age resides nearby the house of the prosecutrix. They were known to each other. On 01.04.2009 by about 11:30 am the prosecutrix had left the residence for buying an ice-cream. When she was on her way the Applicant approached her and told her that he is in love with her and would be marrying her. The prosecutrix, as such, accompanied the Applicant and both of them were in each *2* others company on 1st and 2nd April, 2009. On 03.04.2009 by about 10:00 am when the prosecutrix was returning home as she was missing her parents, at that time, the Police noticed her and informed her that a missing report was lodged by her mother and she was brought to the Police Station. The age of prosecutrix is said to be 16 years. 3 The investigation is over and the charge sheet has been filed. No document has been filed along with the charge sheet indicating the exact age of the prosecutrix. Perusal of the statement of the prosecutrix herself reveals that she had accompanied the Applicant of her own free will and consent. In the first statement of the mother of prosecutrix it is stated that the prosecutrix had informed her that the Applicant tried to commit forcible intercourse, however, in the next statement it is stated that the Applicant has committed sexual intercourse forcibly. My attention is invited to the medical report wherein it is opined that the possibility of intercourse cannot be ruled out. The Applicant is in custody since 03.04.2009. The investigation is over and the charge sheet has been filed. 4 Having regard to totality of the facts and circumstances and having regard to the age of prosecutrix, I deem it appropriate to release the Applicant on bail. 5 The learned APP has submitted that the Applicant and the prosecutrix belong to different castes and they are staying adjacent to one another house, as such, there is possibility of breach of peace and hence, the Applicant should not enter Solapur city. 6 In the result, I pass the following order:- (i) The Applicant shall be released on bail on execution of a P.R. *3* bond in a sum of Rs.20,000/- with one or two sureties in the like amount. (ii) The Applicant shall not enter Solapur city except for attending the trial, till the completion of trial. (iii) The Applicant shall furnish his new address within seven days from the date of his release to the Jail Road Police Station, Solapur and shall attend the nearest Police Station once a fortnight. (iv) The Application is allowed and disposed of accordingly. (A.P. Deshpande, J)