1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1260 OF 2010 Vijaysing Gulab Valvi ..Applicant V/s The State of Maharashtra ..Respondent ..... Mr.C.R. Deshpande, Advocate for applicant Mr.S.G. Nandedkar, APP for respondent ..... CORAM : SHRIHARI P. DAVARE,J DATE : 16th April, 2010. PER COURT : 1. Heard Mr.C.R. Deshpande, learned counsel for applicant and Mr.S.G. Nandedkar, learned A.P.P. for respondent. 2. This is an application preferred by applicant seeking bail in connection with C.R. No.29/2010 registered with police station Nawapur, Dist.Nandurbar for the offences punishable under Sections 363, 366-A and 342 of the Indian Penal Code, since applicant was arrested thereunder on 6th March, 2010 and he is under 2 judicial custody presently. 3. It appears that offence has been registered on the complaint lodged by complainant namely Subhash Mahipat Jagtap i.e father of victim girl namely Snehal on 04.03.2010. It is alleged that applicant herein allured victim girl namely Snehal aged about 13 years and promised and induced her to marry with her and enticed her from the lawful guardianship of the complainant and took her to his house. On the face of said position, learned counsel for applicant pointed out that considering the contents of the complaint, ingredients of section 366-A of Indian Penal Code are absent and offence alleged under Section 363 of Indian Penal Code against applicant is bailable one. It is also canvassed by learned counsel for applicant that applicant is in custody since more than last half month and investigation has been almost completed and there is no propriety in keeping applicant in custody furthermore. 4. Learned A.P.P. opposed the present application vehemently and submitted that blood stained clothes of 3 victim girl Snehal were recovered and same were sent to Chemical Analiser for examination and report from the Chemical Analyser is awaited. Learned A.P.P. further submitted that, age of victim is 13 years, and therefore, there is no question of valid consent of the said victim girl. Apprehension is also posed that if applicant is enlarged on bail, he will tamper with prosecution evidence and will influence upon victim girl. Therefore, it is submitted that present application deserves to be rejected. 5. On perusal of the investigation papers and considering the rival submissions advanced by both learned counsel for the parties, it is clear from language of very Section 366-A of the Indian Penal Code that it is attracted only, when any person induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person, meaning that other than accused. Apparently, the contents of complaint are silent in that respect, and therefore, apparently, it appears 4 that there is substance in the argument advanced by learned counsel for the applicant. 6. Besides that, on perusal of contents of the provisional medical certificate, it is seen that there were no external injuries over vaginal region of the victim girl and hymen was intact and vaginal swab was taken for Chemical Analysis and blood and pubic hair were sent to the Chemical Analysis purpose and report in that respect is still awaited. 7. It also appears from the investigation papers that investigation is almost completed and only Chemical Analysis report is awaited. Moreover, considering the apparent silence regarding ingredients of Section 366- A of Indian Penal Code in the contents of the complaint and also considering the fact that applicant is in custody since 6th March, 2010, there is no propriety in keeping applicant in custody furthermore. Hence, the application deserves to be allowed. 8. As regards the apprehension posed by learned A.P.P. that applicant may tamper with prosecution 5 evidence and/or may influence upon the victim girl Snehal, the necessary conditions can be imposed upon applicant to meet the said apprehension while enlarging the applicant on bail. 9. In the result, present application is allowed and it is directed that applicant be released on bail in connection with C.R. No.29/2010 registered with Nawapur police Station, Dist. Nandurbar for offences punishable under Sections 363, 366-A and 342 of the Indian Penal Code, on furnishing surety in the sum of Rs.15,000/- and on executing the P.R. bond in the like amount, on the following conditions: (a) Applicant shall not enter into Nawapur Town till filing of charge sheet except for giving attendance to Nawapur police station. (b) Applicant shall give attendance before In-charge Police Officer of Nawapur police station once in a week i.e. on Saturday between 5.00 p.m. to 7.00 p.m. till filing of charge sheet and shall co-operate in the investigation. 6 (c) Applicant shall not tamper with prosecution evidence and/or shall not influence upon the prosecution witnesses, more particularly the victim girl Snehal directly or indirectly. 10. The above observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. (SHRIHARI P. DAVARE) JUDGE gas/cri1260.10