* 1 * BA-1897-2011 23 rd Dec, 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1897 OF 2011 Mr. Viral Narendra Mehta .... Applicant : V/S. : The State of Maharashtra .... Respondent * * * * Mr. K.S. Patil, Advocate for the petitioner/s. Mrs. A.A. Mane, APP for the respondent-State. * * * * CORAM :- Smt. R.P. SondurBaldota, J. 23rd December, 2011. P.C. :- 1. The applicant herein is the accused in C.R. No. 487 of 2011 registered with Borivali Police Station for the offences punishable under Sections 420, 376, 313 of Indian Penal code. The first informant claims that in December, 2006 the applicant had proposed to her for marriage. In view of the proposal and in view of the fact that the applicant did not have any place of residence at Sharjah, where both were working, the first informant permitted the applicant to reside in her house alongwith * 2 * BA-1897-2011 23 rd Dec, 2011 her family consisting of her mother, brother, sister and sister’s husband. The applicant continued to stay there for about 3 years. During this period, both had sexual relations. It appears that the first informant was pregnant on three occasions and she got her child aborted twice, at Sharjah and once in Mumbai. 2. Mr. Patil, the learned Counsel for the applicant, states that considering the age of 31 years of the applicant and the fact that she is employed, it is obvious that the physical relations between the two were by consensus. It appears that the applicant, thereafter, got married with another girl. After his marriage, the present complaint came to be filed. In the facts of the case, continuation of custody of the applicant is not likely to serve any useful purpose since the only investigation would be recording of statements of witnesses which can go on even if the applicant is released on bail. He also has permanent address of Mumbai. Hence, the following order : O R D E R (i). The Bail Application is allowed. The applicant be released on bail in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like amount in C.R. No. I-487/2011 registered * 3 * BA-1897-2011 23 rd Dec, 2011 with Borivali Police Station. (ii). The applicant shall attend Borivali Police Station once a week on every Monday between 10.00 a.m. to 12.00 noon until filing of the chargesheet and thereafter as and when called by the police. (iii). The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. (iv). The applicant shall not leave India without the previous permission of the trial Court and without giving the information about his whereabouts to the Investigating Officer. [SMT. R.P. SONDURBALDOTA, J]