1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5613 OF 2009 Shri.Sandeep Mahadeo Kadam. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.P.L.Sakpale for the Applicant. Smt. V.R.Bhosale, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 3/5/2010 PC : 1 This is an application for grant of bail. The applicant is shown as an accused in C.R.No. 112/2008 registered by Kolsewadi Police Station for the alleged offences under Sections 354, 376, 506 read with 34 of the I.P.C. The prosecutrix is one Swapanali. Admittedly she was above the age of consent when the alleged incident of rape took place. According to the prosecutrix, she was going to attend the English Class which was being run by the present applicant. One evening the applicant told her to stay in the class room after the class 2 was over, gave love chit and later on twice had intercourse with her. She however, did not disclose anything to her parents. That thereafter, on completing her 10th standard, she used to attend her 11th standard class. During that time accused used to meet her and they went on several occasions to an open place at Haji Malang where he under the promise of marriage twice committed rape on her. Even in the next year when she was studying in 12th std. She alleged that applicant took her to an open space and committed rape on her. She complained about the alleged rape when she became pregnant. The Sessions Court has held that consent may have been obtained either by force or under promise of marriage. The question as to whether she was consenting party to the intercourse when the incidents occured over three years will have to be carefully looked into. In the peculiar facts of the case, I am inclined to grant bail to the applicant. It is therefore, directed that pending his trial in pursuance of C.R.No.112/2008 3 registered by Kolsewadi Police Station, the applicant may be released on bail in the sum of Rs. 15,000/- with one surety in the like amount subject to the condition that he reports to the I.O. once in a fortnight on every 1st and 3rd Monday s, that he will not taper with prosecution witnesses and will remain present on all the dates of his trial, unless exempted. Application is disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)