..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.444 OF 2008 IN CRIMINAL APPEAL NO.331 OF 2008 Harjitsingh Bhamra @ Raj Bhosale. ..Applicant. Versus The State of Maharashtra. ..Respondent. .... Mr.Vikas Shivarkar, Adv. for the Applicant. Mr.Rajesh More, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 25th June, 2008. DATED : 25th June, 2008. DATED : 25th June, 2008. P.C.: 1. Heard the learned Counsel for the Applicant-orig.accused and the learned APP for the State. 2. The applicant-orig.accused has been convicted under Sections 363, 366 & 376 IPC. The maximum sentence imposed on the applicant under Section 376 IPC is for a period of seven years RI. The applicant is now seeking bail. 3. From the evidence on record, it is clear that the victim girl and the accused were in love ..(2).. with each other. The victim girl left her house telling her parents that she was going to school. However, instead of going to school she went to the railway station and from there she went to Jalandhar with the accused. She had travelled to various places like Indore etc. with the accused. It is the prosecution case that the accused had forcible sexual intercourse with the victim girl during the said period. It is true that the age of the victim girl was 15 years at the time of the incident. After about two months the police traced the accused and the victim girl and brought them back. If the victim girl was taken away against her will she would have made an attempt to escape or to seek help of the police or any other person while she was travelling from place to place. The accused had taken the victim girl to Jalandhar from Pune. At the railway station also the victim girl had not tried to seek help of the police or any other person from the public nor had made any attempt to run away. The fact that the she continued to travel with the accused and reside for about two months with him would show that whatever has happened has happened with the consent of the victim girl. ..(3).. 4. No doubt the victim girl was 15 years at the time of the incident. However looking to the above facts and the evidence on record and the decision of the Apex Court in the case of S.Varadrajan Vs. State of Madras S.Varadrajan Vs. State of Madras S.Varadrajan Vs. State of Madras reported in AIR AIR AIR 1965 SC 942 1965 SC 942 1965 SC 942, I am inclined to grant bail to the applicant. 5. Applicant- Harjitsingh Bhamra @ Raj Bhosale be released on bail in the sum of Rs.10,000/- (Rs.Ten Thousand Only) with one or two sureties to make up the said amount. The applicant shall report to Dehuroad Police Station, District-Pune once in two months, till disposal of the appeal. 6. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)