1 BA 358.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL BAIL APPLICATION NO. 358 OF 2011 Mr. Sunil Bajrang @ Gajranga Rajant @ Mujjewar. ... Applicant. V/s. The State of Maharashtra (At the instance of Takawade Police Station). ... Respondent. Mr. Sachin Chandan for the Applicant Mrs. G.P. Mulekar, APP for the State. CORAM : A.M. THIPSAY, J. DATED : 7th JUNE 2011. P.C. :- Heard Mr. Sachin Chandan, learned Advocate for the Applicant and Mrs. Mulekar, learned APP for the State. 2. Inspite of specific directions given yesterday, the Investigating Officer is absent. The learned APP reports that the relevant case papers are not readily available. She seeks an adjournment on this ground. However, in the circumstances, I am not inclined to adjourn the matter. 3. With the assistance of the learned Advocate for the Applicant and the learned APP, I have gone through the charge-sheet. 2 BA 358.11.sxw 4. The victim was found missing from her house by her parents on 14.6.2009. Some cash and the clothes of the victim were also noticed to be missing at that time. On 16.6.2009 a missing report with the Police was lodged by the mother of the victim. In the inquiries which were made by the victim and her relatives, it was revealed that one Rajaram Jadhav alongwith co-accused Nitin Dalvi and Madhukar Dalvi were involved in the matter and that the victim had been taken away by the said Madhukar Dalvi and Nitin Dalvi. On the basis of this information, the F.I.R. was lodged on 4.8.2009 by the father of the victim. In the course of investigation, the victim was traced at Rajasthan in the house of the present Applicant. The Applicant was arrested on 29.12.2009 and continues to be in custody since then. 4. Though the age of the victim is mentioned in the First Information Report as 13 years, her date of birth is not mentioned therein. The age of the victim as ascertained by the Medical Examination is stated to be around 16 to 17 years. 5. During the pendency of this application, a plea that the Applicant was a juvenile on the date of commission of the offence was raised and pursuant to directions given by this Court, the Applicant was medically examined for the purpose of ascertaining his age. The medical report in that regard shows the age of the Applicant as between 18 to 19 years on 31st December 2009 i.e. the date on which the medical 3 BA 358.11.sxw examination was carried out. 6. All the other accused arrested in this case so far have already been released on bail. The Applicant is in custody since last more than one and half year. I am informed that the trial has not even commenced. Considering all the relevant aspects of the matter, I am inclined to release the Applicant on bail. 7. It is clarified that no opinion, even prima-facie, has been expressed by this Court as to whether the Applicant was a juvenile at the material time. If the Applicant wants to make such a claim, a proper application can be made on his behalf, before the concerned Court, for getting the trial of the Applicant separated. 8. The Applicant is ordered to be released on bail in the sum of Rs.30,000/- with one surety in like amount. The Applicant shall furnish his address at Kalyan to the Investigating Officer and also file the same with the Trial Court, within a week after his release. 9. The Application stands disposed of accordingly. (A.M. THIPSAY,J.)