1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3274 OF 2010 1. Ravi S/o Rajabhau Bhosle Age : 22 years, Occ : Educaiton, R/o Tuljapur, Tq.Tuljapur, Dist.Osmanabad. 2. Lakhan S/o Rohidas Bhosle Age : 22 years, Occ : Education, R/o As above. 3. Suraj @ Balu Vilasrao Bhosle Age : 19 years, Occ : Education, R/o As above. ..APPLICANTS -VERSUS- The State of Maharashtra and another ..RESPONDENTS ......... Mr. A.A. Mukhedkar, advocate for applicants. Mrs. B.R. Khekale, A.P.P. for respondents. ........ WITH CRIMINAL APPLICATION NO.3381 OF 2010 Rahul Fatteshingh Bhosale Age : 21 years, Occ : Education, R/o Tuljapur, Tq. Tuljapur, Dist. Osmanabad. ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. P.B. Gapat, advocate for applicant. Mrs. B.R. Khekale, A.P.P. for respondent. ........ 2 (CORAM : V.R.KINGAONKAR,J.) DATE : 2nd September, 2010. PER COURT : 1. These are the applications for anticipatory bail and regular bail. The applicants in the first bail application seeking anticipatory bail. They are allegedly the co-accused being accomplish of the main accused, namely, Rahul Bhosale, who has filed the second application for regular bail. 2. Heard learned Counsel and the learned A.P.P. 3. The investigation papers were made available during the hearing for temporary purpose of considering the material gathered so far. 4. It is pertinent to notice that applicant-Rahul Bhosale and the alleged victim i.e. Priyanka Shinde had together appeared before the learned Judicial Magistrate (F.C.) at Tuljapur and had filed joint application stating that they had eloped together by consent in order to marry since the parents of Priyanka had opposed the proposed marriage. On the same day, applicant- Rahul Bhosale was taken in the custody and is in M.C.R. 3 5. It prima facie appears from the medial report that Priyanka Shinde is aged between 17 to 19 years. Considering margin of error and the possibility of her being major at the relevant time, it can not be said that she was forced to go with applicant- Rahul Bhosale on the relevant day. The incident occurred on 05.06.2010 at about 5 p.m. It is difficult to say that in broad day light the applicant would abduct the girl, against her wish or will, from near a shop. Under the circumstances, the applicants who have filed Criminal Application No.3274/2010 are entitled to seek anticipatory bail, and therefore, their application is granted in terms of the ad-interim order dated 23.08.2010. The anticipatory bail will be operative till the filing of the charge sheet. So also, Criminal Application No.3381/2010 is allowed and the applicant-Rahul Bhosale is directed to be released on bail on furnishing of bail bond of sum of Rs.20,000/- before the concerned Court. The applications are disposed of accordingly. (V.R.KINGAONKAR) JUDGE gas/cri3274.10