{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3857 OF 2009 Uttam Navnath Rathod, Age-19 years, Occ-Labourer R/o Shingoli Tanda, Tq & Dist-Osmanabad APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.R.N.Dhorde h/f Mr.V.S.Kadam, Advocate for applicant Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 16th November 2009 PER COURT: 1. By the present application, the applicant has prayed to release him on bail in connection with CR No.160/2009 registered with Osmanabad City police station for an offence punishable u/s 376 r/w 34 of the Indian Penal Code. 2. Heard learned counsel for the applicant followed by the submissions of the learned APP. As notice of this application is already served on the state, the learned APP has placed the papers {2} of investigation, carried out till today, in my hand for my perusal. 3. During the course of submissions, my attention is drawn towards the FIR, which discloses that though the compliant came to be lodged on 29th July 2009, yet the illicit relations, as alleged, were in continuation since May 2008. It is also alleged in the compliant that the applicant succeeded in establishing the illicit relations with the complainant on the pretext of assurance of marriage. It appears that the victim, who alleges that she consented to maintain illicit relations under the pretext of assurance of marriage, also knows the consequences of such relations and if these relations were continued for days together, then it cannot be said, in legal terms, as a forceful act. It is demonstrated that the said illicit relations between the complainant and the applicant has resulted into delivery of a male child. The blood sample of the said child were sent for DNA test and the result of the said test is positive. However, it is necessary to construe that it is not an off shoot of a single act but it is the result of the continuous acts. The applicant came to be arrested on 30.07.2009 and since then he is in jail. In view of these circumstances and as the investigation is over and the charge sheet is filed, the applicant deserves liberty by imposing certain conditions. 4. In the result, the application is allowed. The applicant be released on bail on furnishing surety in the sum of Rs.15,000/- {3} and on executing PR bond in the like amount. The applicant is prohibited from entering Shingoli Tanda, Tq & Dist-Osmanabad. The applicant to furnish address of residence to the investigating officer and report on every Thursday and Sunday between 3.00 p.m. and 6.00 p.m. to the nearest police station till the commencement of the trial. Violation of any of the condition would result in cancellation of the bail. [A.V.POTDAR, J.] drp/criapln3857-09