:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1005 OF 2008 IN CRIMINAL APPEAL NO.905 OF 2008 Amol Ramesh Dhekale. ..Applicant. Vs. The State of Maharashtra and anr. ..Respondents. Mr. B.R. Patil & Ujwal Agandsurve for the Applicant. Mrs. A.T. Jgaveri, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 25th September, 2008 PC : 1. Heard Advocate for the applicant. 2. The matter is again moved for bail after notes of evidence are filed. The material which is filed is sufficient to better appreciate the prayer for bail. I find that it is a finding of the trial court that the girl in question was above the age of 16 years. Radiological test indicates that she was between 18 to 20 years, though the birth certificate indicates that she was 17 years at the time of incident. Be that it it may, this is a case where offence was committed in the year 2007. The prosecutrix delivered a child on 12.1.2008 and thereafter, complaint has been filed after gap of 10 days i.e. on 22.1.2008. The question whether there was any consent requires serious consideration. The applicant was not on bail in the trial court and he has been in custody since 22.2.2008. :2: The prosecutrix also states in her evidence that accused had relation with her after he used to talk her sweetly. In the circumstances, it is directed that pending disposal of the appeal, the applicant may be released on bail in the sum of Rs.15,000/- with one surety in the like amount with further condition that he will report to Shirala Police Station once in fortnight on every first and third Monday until further order. He also to make no attempt to get in touch with the prosecutrix. Application is disposed off. (R.S. MOHITE, J.)