1appln-2720-10 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2720 of 2010 Shri Sumat Udaylal Sargara v. the State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Manoj J.Bhatt , for the Applicant. Mrs M.H.Mhatre, A.P.P.for the State. CORAM:- A.R. JOSHI, J. DATE :- 11TH JUNE, 2010. P.C.:- 1. Heard rival submissions for some time on this regular bail application preferred by the applicant - original accused who is facing charge for the offence punishable under sections 366-A, 363, 376, 417 of I.P.C.,in C.R.No.I-264 of 2009 registered with Manikpur, Police Station, Vasai. 2. Learned advocate for the applicant drew attention of this Court towards the statement of the prosecutrix who was aged about 17 years and 2 months when the incident took place on 16.8.2009. According to the statement of the said prosecutrix she had love affair with the present applicant for about one year and on the relevant day she accompanied him to the place of his relations and stayed 2appln-2720-10 there from 16.8.2009 to 13.9.2009. According to the said statement she stayed at the house of said relations as husband and wife having sexual intercourse by consent. On this aspect it can be ascertained that the prosecutrix was more than 16 years of age during such incident of sexual relations by consent and not by any coercion or force. So far as application of Section 366-A of I.P.C.,is concerned it is submitted by learned A.P.P.,that during the incident prosecutrix was below 18 years of age. However, plain reading of penal section 366-A require that there must be inducement of a minor girl under the age of 18 years for taking away the said girl with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person. Prima facie, it appears that the prosecutrix was consenting party to the sexual intercourse when she was admittedly more than 17 years of age according to the case of the prosecution itself. 3. Considering such special circumstances as to the prosecutrix having love affair with the applicant and still considering the circumstances that the applicant is in custody for more than nine months, in the opinion of this Court, the present application for bail can be allowed on imposing certain conditions. In the result the following order: ORDER: (a) Bail application is allowed. (b) The applicant-accused in C.R. No. I-264/2009 with Manikpur Police Station, Vasai, shall be released on bail on executing a P.R.bond in the sum of Rs.15,000/-with one surety in the like amount . © On availing the bail the applicant shall attend concerned police 3appln-2720-10 station once in a week on every Monday and Thursday between 10-00 a.m., to 12.00 noon for the period of eight weeks from availing the bail. (d) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merit of the case at the time of trial. (A.R.JOSHI,J)