sat 1 bail appln. 1750-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1750 OF 2011 Mr.Shivaji Gautam Chawan ...Applicant vs. State of Maharashtra ...Respondent Smt.Kiran Singh for the Applicant. Mrs.U.V. Kejriwal, APP for the State. CORAM : M.L. TAHALIYANI, J. NOVEMBER 24, 2011 P.C. :- 1 Heard Smt.Kiran Singh, learned Advocate for the applicant and Mrs.Kejriwal, learned APP for the State. Investigating Officer Mr.Vishnu Baburao Sankpal, PSI, is present. 2 The case papers are produced. I have gone through the case papers. The age of the victim girl on the date of incident was admittedly more than 16 years and therefore, charge under Section 376 of IPC may not stand to the trial. As far as charges u/ss. 363 and 366 of IPC are sat 2 bail appln. 1750-2011 concerned, there appears to be a prima facie case against the applicant. However after having gone through the papers, what appears to me is that affair between the victim girl and the applicant was going on since last two years. It was within the knowledge of the parents of the victim girl. 3 As far as the incident in question, is concerned, it further appears that the victim girl had accompanied the applicant on her own accord. It is not the case of the prosecution that the victim girl was forcibly taken away by the applicant. 4 Moreover, there are no chances of the applicant tampering with the evidence or running away during the trial. In the circumstances, I find this to be a fit case for grant of bail. 5 The applicant be released on bail in the sum of Rs.15,000/- with one solvent surety or two sureties of Rs. 7500/- each. He shall not try to meet the victim girl during the pendency of investigation and trial. He shall sat 3 bail appln. 1750-2011 stay away from the jurisdiction of Kasturba Marg Police Station, Borivali Police Station and Dahisar Police Station till the conclusion of trial. He shall not leave the jurisdiction of Mumbai without prior intimation in writing to the Senior Inspector of Police, Kasturba Marg Police Station. 6 The application stands disposed of. (M.L. TAHALIYANI, J)