IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3671/2009. Nitin Kishor Gaikwad APPLICANT versus The State of Maharashtra RESPONDENT ------------ Smt. V.S. Ghenakar Advocate for appellant Shri K.M. . Suryawanshi A.P.P. For State ----------- CORAM : P.R. BORKAR, J Date : 07-11-2009 PER COURT : 1. This is an application for bail. The applicant / appellant is convicted for offences punishable u/s 363, 366 and 376 of I.P.C.. It is alleged that the prosecutrix was minor and studying in 10th standard. She was residing with her parents. Friendship was developed between accused and prosecutrix. It is the prosecution case that the accused allured to marry the prosecutrix on 22-04-2006 near entrance gate of the private class which she was attending. The accused met her, gave handkerchief for cleaning her nose and thereafter, prosecutrix started feeling giddiness and then the applicant took her on his motor cycle and they went up to Tisgaon phata. Thereafter they came back in auto rickshaw to Aurangabad and thereafter they went to Pune. They lived at Pune for about four days. On 4th day the applicant caused injury to his hand by blade as a result of which he was admitted in the hospital by prosecutrix herself. Thereafter, prosecutrix called her father on telephone. Then she was brought to Aurangabad and F.I.R. was lodged. 2. Considering the facts of the case as disclosed in paras 3 and 4 of the judgment of the trial court which ultimately are said to have been proved, discretion to release applicant / appellant on bail can be exercised. The appellant was on bail during the trial. In these circumstances, the order of sentence is suspended and the accused / applicant is directed to be released on bail on furnishing P.R. Bond of Rs.15,000/- (Fifteen thousand) with one surety in the like amount. (P.R. BORKAR, J) tsk/criapln3671-09