1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.369/2011 ( Aashish s/o Ashok Mashirkar ..Vs.. State of Maharashtra, through P.SO. Ramnagar, Chandrapur City ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Jaltare, Adv. for applicant. Mr. S.M. Bhagde, APP for respondent/State. CORAM : M.N. GILANI, J. DATED : 20.7.2011. 1. The applicant who has been charged with the offences punishable under sections 363, 366, 406 of the Indian Penal Code vide Crime No.144/2011, registered with the police station Ramnagar, Chandrapur City, is seeking his release on bail. The prosecutrix while prosecuting her studies as a student of B.Sc.-II in the college at Chandrapur, got intimate with the applicant. On 25/5/2011, the prosecutrix finished her examination of B.Sc.-II. It was also birthday of the present applicant. On the pretext of celebrating his birthday, she accompanied the applicant from Chandrapur to Nagpur. Thereafter, they moved from place to place along with friends of the present applicant. On 31/5/2011, her maternal uncle spotted her with the applicant and his one friend, in the area called as Chhota Tajbagh. Then she accompanied her maternal uncle to Chandrapur and lodged the F.I.R. Her statement was recorded on 1/6/2011. 2. The applicant has put forth the case that the prosecutrix was in love with him and they both decided to marry. Accordingly, on 30/5/2011 in Chandramani Pali Buddha Vihar Sanstha, Buddha Nagar, Nagpur performed the 2 marriage. The photographs of the marriage are annexed to the application. However, the prosecutrix says that this was a forced marriage. 3. The relevant factors are : the prosecutrix is a college going girl. She had completed her examination of B.Sc.-II. She left her parents on 25/5/2011 and did not return till 31/5/2011. Her statement reveals that after reaching Nagpur on 25/5/2011, she moved from place to place like Amravati, Arvi, Wardha, Saoner and Multai. She had an occasion to meet number of persons. The statement of Shweta who had accompanied the prosecutrix shows that they both went to Nagpur and celebrated the birthday of applicant. They stayed together till 30/5/2011. On 30/5/2011, she, the prosecutrix, the applicant and some friends went to Buddha Vihar at Kamptee and there the marriage of prosecutrix and applicant was performed. The statement of Shubhangi corroborates the defence theory. 4. Having considered the evidence collected by the prosecution, I am of the view that exercising the discretion of releasing the applicant on on bail cannot be refused. 5. The applicant is directed to be released on bail on his executing P.R. bond of Rs.25,000/- (Rs. Twenty Five Thousand Only) with two sureties in the like amount with condition that the applicant shall attend the police station Ramnagar, Chandrapur City once in a week between 10 a.m. to 2 p.m. till the chargesheet is submitted. JUDGE Tambaskar.