1 BA-1852-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1852 OF 2011 IN SESSIONS CASE NO. 389 OF 2011 Mr. Gopal Yogendra Chaudhary ... Applicant Vs. The State of Maharashtra ... Respondent Mr. Subhash Jha i/b. Satyaram R.Gaud,Advocate, for the applicant. Mr. Y.S.Shinde,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 9th December, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.89 of 2011 registered with Shrenagar Police Station, District Thane for the offences under Sections 363, 366, 366(a), 376,212 read with Section 34 of IPC. 2. The prosecuton case, in brief, is that the prosecutrix was in love with accused No.1 Somnath Jha for about a year before this incident and about nine months before this incident, she had also eloped with that boy and after one day, she had come back. On 4.5.2011, after consultation and as per advice of the accused No.1, she again left the house of her parents and went to different places. They also performed a symbolic marriage and moved to different places. Finally, 2 BA-1852-11.sxw they came to the house of the present applicant Gopal Chaudhary, who is accused No.4 and maternal uncle of accused No.1. She came back after one month along with accused No.1. 3. According to prosecution, accused No.1 had sexual relations with the girl on some occasions during the period when they were moving to different places. Medical report shows that the prosecutrix was subjected to sexual intercourse. As per the School record, she was born on 19.7.1996 and thus she was aged slightly less than 15 years at the time of incident, while as per medical report, her age was around 17 to 18 years. Even though she may be below 16 years of age, it appears that she was in love with the accused No.1 and she had eloped with him. It does not appear from the police papers that the present applicant had played any role in kidnapping the girl or subjecting her to sexual intercourse with accused No.1. 4. Therefore, the applicant be released on his executing P.R. of Rs.10,000/- with one surety in the like amount with condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)