abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3945 OF 2007 Amol Vasant Hunari .. Applicant V/s The State of Maharashtra .. Respondent Mr.A.P. Mundargi i/b Khandeparkar & Associates for the applicant. Mr.Rajesh More, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 4TH MARCH 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant seeks bail in connection with the crime registered against him with Sindhudurg Police Station under C.R. No.36/2007 for the alleged offence punishable under section 376, 292, 506, 109 read with 34 of the Indian Penal Code. - 2 - 3. The prosecution case, as can be seen from the First Information Report dated 4th August 2007 lodged by the prosecutrix is that she came in contact with the applicant in the year 1999-2000. The applicant then told her that he liked her and loved her. They thereafter started meeting each other in Silver Sand Hotel (Eating House). In January 2003, the applicant called the prosecutrix in a flat of his friend and there he had a forcible intercourse with her. She, however, did not complain out of fear that he might change his plan of marrying her. Thereafter they had intercourse on several occasions every 8 to 15 days till May 2006. In July 2006, the prosecutrix came to know that the applicant had married somebody else. She also learnt that the applicant had taken out her nude video clips on a mobile phone and the said clips were allegedly distributed by the applicant by converting them into a C.D. She therefore lodged the FIR on 4th August 2007. The applicant was arrested and is in custody since 6th August 2007. Some CDs depicting the applicant in the nude are also recovered. However, there is nothing on record that they have been made by the applicant. 4. By an order dated 17th January 2008, I directed the police to submit a report as to whether any other obscene material showing the prosecutrix was available - 3 - and/or was likely to be allegedly distributed. By a report dated 20th February 2008, the police have reported that no obscene material showing the prosecutrix is available and is not likely to be distributed. In the circumstances, the possibility of the applicant using the obscene material concerning the prosecutrix is remote. Further more, the offences under sections 292 and 506 of the I.P.C. are bailable. The only question therefore that is required to be considered in the present application is whether the applicant is entitled to bail in connection with the offence punishable under section 376 of the I.P.C. 6. The material on record discloses that the relationship between the prosecutrix and the applicant was consensual. The applicant allegedly had the first intercourse with the prosecutrix in January 2003 and the FIR has been lodged in August 2007. Thus, there is a gross delay in lodging the FIR relating to the first incident. Thereafter, according to her own statement, the applicant and the prosecutrix used to have physical relationship every 8 to 15 days till May 2006. In July 2007, the prosecutrix learnt about the marriage of the applicant with somebody else and even then she did not confirm that her consent for intercourse was obtained under false promise of marriage. - 4 - 7. Considering the nature of evidence available against the applicant, it is difficult to believe that the intercourse was without the consent of the prosecutrix. It would however be necessary to impose some strict conditions to prevent the applicant from misusing the alleged video clips, if at all there be any, taken by him. Hence, I pass the following order:- ORDER ORDER ORDER The applicant be released on bail in connection with the offence mentioned above on his executing personal bond of Rs.50,000/- with one or two sureties for the aggregate amount of Rs.50,000/- subject to the following conditions:- (a) The applicant shall not make any further contact with the prosecutrix. (b) The applicant shall not distribute any material whatsoever concerning the prosecutrix including the alleged video clips to anybody. (c) The applicant shall attend the concerned police station once a month between 1st and 5th day of every - 5 - British calendar month till the disposal of the trial. (D.G. KARNIK, J.)