1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 484 of 2010 Sudesh Gangaram Sakpal ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Kuldeep Patil for the applicant. Mrs.M.R.Tidke APP for the State. CORAM : D.G. KARNIK, J. DATED : 24th February 2010 P.C. 1. Heard. 2. By this application, applicant seeks bail in connection with C.R.No. 30 of 2009 registered at Mahad MIDC Police Station, District Raigad for an offence punishable u/s.363 r/w section 34 of the IPC. After the statement of the girl was recorded, section 376 has also been applied. 3. According to the prosecution, on 15th October 2009, a complaint (FIR) was lodged by the father of Ms.Aparna Dalvi that his daughter Aparna was missing and that he suspected that she has been abducted by the applicant with the help of his friends by enticing her away. In the complaint, he stated that earlier on 29th September 2009 also, he 2 had noticed that Aparna was not in the house and while on search he had seen Aparna and the applicant coming out of a house. At that time, he had scolded and even slapped Aparna for the same. 4. On 16th October 2009, statement of Aparna was recorded and she stated that fr couple of years, she was in love with the applicant and applicant had promised to marry her. Thereafter they had physical relationship with her consent but at that time, she was underage. Aparna is born on 18th May 1991 and therefore on the date of the FIR, she was 17 years 5 months old. There is no material on record to show that applicant had intercourse with Aparna when she was below the age of consent i.e. 16 years. In her statement, Aparna has admitted that intercourse was with her consent. 5. In the circumstances, in my view, applicant can be granted bail. Hence I pass the following order:- O R D E R Applicant be released on bail in connection with C.R. No. 30 of 2009 registered at Mahad MIDC Police Station, on applicant executing P.R bond of Rs.15,000/- with two sureties of the like amount subject to a condition that the applicant shall not threaten the complainant or his daughter. Breach of the condition shall result in cancellation of the bail. (D.G. KARNIK,J.)