1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1830 OF 2010 Suresh Nanasaheb Patil. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.V.V.Purwant for the Applicant. Mr.Y.S.Shinde, APP. For the State. CORAM : R.S. MOHITE, J. DATE : 29th April, 2010 PC : 1 This is an application for grant of bail. The applicant is shown as an accused in C.R.No. 70/2009 registered by Salagar Vasti Police Station for the alleged offences punishable under Section 376, 504, 506 read with 34 of the I.P.C. The prosecutrix is one Thakubai aged 20 years. She is an educated lady and Graduate. She was working as Assistant Teacher in the school at Degaon. The present applicant is also educated person and Principal of another school. On reading the complaint, it is clear that the prosecutrix and the 2 applicant had sexual relationship with consent from 11.12.2007 till 14.12.2009. According to the prosecutrix, her consent was obtained under a false promise of marriage. The complaint has been filed when in November, 2009 the applicant informed the prosecutrix that he was getting married to another woman. The question as to whether consent was given under some misconception of facts and therefore, no consent in the eyes of law, is itself a question of fact which will have to be determined. Both the parties being highly educated, there is a possibility that consent was given freely. In the circumstances, I am inclined to grant bail to the applicant. It is therefore, directed that pending his trial in connection with C.R. No.70/2009 registered by Salagar Vasti Police Station, the applicant may be released on bail in the sum of Rs. 15,000/- with one surety in the like amount subject to the condition that he will report to the Investigating Officer as and when called by the Investigating Officer, in writing and does not 3 tamper with prosecution witnesses and remain present on all the dates of the trial, unless exempted. Application is disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)