[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3155 OF 2008 Mr.Kanak Surendranath Mishra ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.T.P.Rathod Advocate for Applicant Mr.V.B.Konde-Deshmukh APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 16, 2008 DATE : SEPTEMBER 16, 2008 DATE : SEPTEMBER 16, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.I-15 of 2007 of Badlapur Police Station, Dist.Thane. The said case is mainly under Sections 363 and 376 of IPC. 3. The prosecutrix was 17 years at the time of the incident. She has stated that the applicant and another person forcibly took her in a rickshaw and took her to the railway station. From there, the applicant took the prosecutrix to Thane. From [-2-] there, they went in a rickshaw to some person’s house. Thereafter they came to Kalyan railway station and they travelled to Azamgarh. The journey took three days by railway. After staying at Azamgarh for few days, the applicant had brought her to Thane by railway. Again the said journey took about three days. Thereafter, they again went to Azamgarh. They also went to other places like Akbarpur and Delhi. The case of the prosecutrix is that the applicant took her to these places forcibly and at various places he had forcible sexual intercourse with her. 4. It is seen that the prosecutrix travelled with the applicant to various places. They travelled to most of the places by railway. The journey by railway was over long distances and they travelled for a number of days by railway. If at all the applicant had taken the prosecutrix forcibly with him, she would have made attempts to escape or seek help of police or any other person. Policemen are always present at the railway stations. Though the prosecutrix travelled with the applicant from place to place, she has not made any attempts to seek any help. This shows that the prosecutrix had [-3-] willingly accompanied the applicant. The fact remains that prosecutrix was 17 years old at the time of the incident. Looking to the facts and circumstances of this case, at least as far as sexual intercourse is concerned, it appears to be by consent. Looking to all the facts of this case, I am inclined to grant bail to the applicant. 5. The applicant-Kanak Surendranath Mishra be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) with one or two sureties to make up the said amount. The applicant to report to Badlapur Police Station once in a fortnight till conclusion of the trial. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]