1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2275 OF 2010 Chotya @ Vijendra Shiva Thakare, Age-20 years, Occu-Agriculturist, R/o.Kanadi, Tal.Shahada, Dist. Nandurbar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.S.U.Chaudhari, learned counsel for applicant. Mr.P.P.More, learned APP for State CORAM : A.V.POTDAR, J. DATE : 13/07/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.41/2010, registered in Mhasavad Police Station of Dist.Nandurbar, in which the applicant came to be arrested on 31/05/2010. 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 2 3. It appears that the said offence came to be registered on the basis of complaint lodged by the father of the victim by name Raju Bhaga Rathod, alleging that in the evening of 28/05/2010, around 6.00 p.m., the applicant had abducted his daughter Jyoti, who is aged about 15 years. It appears that later on, the applicant and the victim were traced from the residence of uncle of the applicant on 31/05/2010. After the victim was traced, her statement was recorded by the police. Likewise, the victim was also referred for medical examination. The medical papers shows the age of the victim might be in between 19 to 20 years. Apart from it, statement of the victim shows that in the evening of 28/05/2010, she at her own, left the residence of her parents alongwith applicant, as the applicant shown his desire to marry her. In the last part of her statement, it is mentioned that she is not willing to go with her parents, but she wants to reside with present applicant. From the statement of the victim, it reveals that the victim left her parent's residence alongwith applicant because of love affair with applicant. All this evidence shows that the case of complainant is not supported by the evidence of victim. Considering this aspect, even though the investigation is in progress, case is made out to enlarge the applicant 3 on bail. hence order - O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant to co-operate with the investigation agency. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri.appl.2275-10