1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 793 OF 2010 Nanasaheb (Nana) Punjaji Gunjal ... Applicant Versus The State of Maharashtra ... Respondent ... Shri Aniket Nikam with Mr. Rajesh Jadhav and Mr. Sandeep Barve i/b M/s B.K. Barve & Co., for the Applicant. Mr. Y.S. Shinde, APP for the State. CORAM : D.G. KARNIK, J. DATED : 10th March 2010 P.C. 1. Heard. 2. By this application, the applicant seeks bail in connection with the C.R.No. I/35 of 2009 registered at Yeola Police Station for an alleged offence punishable under sections-363,366A,376 read with section-34 of the IPC. 3. Kum.Surekha Pawade though minor at the relevant time, was more than seventeen years old and was capable of giving consent. The fact discloses that she had gone along with the applicant with consent 2 and stayed with him. Though, she has alleged that she had not consented for intercourse, it is for the trial court to consider it on evidence. 4. At this stage, taking into consideration the fact that the she had admittedly gone with the applicant by her free will, the delay in lodging of the F.I.R.,and the fact that the applicant is in custody since 2.4.2009 and the trial is not likely to be concluded soon, in my view, the applicant can be granted bail. Hence, I pass the following order: ORDER The applicant be released on bail in connection with C.R. No. I/35 of 2009 registered at Yeola Police Station on his executing P.R. Bond of Rs.15,000/- with one surety of the like amount subject to condition that the applicant shall not threat the prosecutor or any family members. It is clarified that all observations made herein are the prima facie observations and Sessions Judge shall not take them into consideration at the time of trial. (D.G. KARNIK,J.)