..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1946 OF 2008 Afsar @ Aditya Ashpak @ Munna @ Shradha Kamble @ Shaikh. ..Applicant. Versus The State of Maharashtra. ..Respondent. .... Mr.K.S.Patil, Adv. for applicant. Mr.H.J.Dedia, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 24th July, 2008. DATED : 24th July, 2008. DATED : 24th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R. No.250 of 2007 of Haveli police station, Pune. The said case is mainly under sections 376, 363, 366 of IPC. 3. The prosecutrix was 17 years of age at the time of the incident. There was a love affair between the prosecutrix and the applicant. Thereafter the applicant told the prosecutrix that he will marry her. On saying so, she accompanied him. They got married in a temple and thereafter ..(2).. resided as husband and wife. During the said period, the applicant had sexual intercourse with the prosecutrix. In the statement of the prosecutrix, there is no reference to any force being used by the applicants. Her statement shows that it was sexual intercourse by consent. As far as Sections 363 and 366 of IPC is concerned, the prosecutrix was below 18 years of age. However, looking to the statement of the prosecutrix and the other material, in my opinion the ratio in the case of S.Varadrajan Vs. State of Madras S.Varadrajan Vs. State of Madras S.Varadrajan Vs. State of Madras reported in AIR 1965 SC 942 AIR 1965 SC 942 AIR 1965 SC 942 would apply. 4. Looking to the above facts, I am inclined to grant bail. 5. The applicant - Afsar @ Aditya Ashpak @ Munna @ Shradha Kamble @ Shaikh to be released on bail in the sum of Rs.15,000/- with one or two sureties to make up the said amount. The applicant shall report to the Haveli Police Station, Pune once in a month, till conclusion of the trial. 6. Criminal Application is disposed of accordingly. ..(3).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)