[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2265 OF 2008 Giridhar Yadav Chawan ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.V.V.Purwant Advocate for Applicant Ms.P.P.Shinde APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 15, 2008 DATE : JULY 15, 2008 DATE : JULY 15, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No. 39 of 2008 of Akkalkot North Police Station. The said case is under Section 376 of IPC. 3. The age of the prosecutrix was 19 years at the time of the incident. The marriage of the prosecutrix and the applicant was settled. In fact, engagement of the applicant and the prosecutrix took place. Thereafter the marriage was to be performed. In the meantime, the prosecutrix used to go to the room of the applicant. At that time, the applicant told the prosecutrix that as they were going to get married, [-2-] she should have sexual intercourse with him and he had sexual inter course with her. It is the case of the prosecutrix that thereafter also the applicant had forcible sexual intercourse with her on many occasions. However, thereafter the applicant did not fulfil his promise to get married the prosecutrix, hence, complaint came to be filed. On no occasions, the prosecutrix has tried to shout for help or she has tried to run away. Looking to the material on record, it appears to be a case of consent. It appears that only because the applicant refused to marry the prosecutrix, complaint came to be filed. Looking to all these facts, I am inclined to grant bail to the applicant. 4. The applicant-Giridhar Yadav Chawan to be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount. The applicant to report to Akkalkot North Police Station once in a month till the conclusion of the trial. 5. Application is disposed of. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]