1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4518 OF 2009 Pralhad Harku Rokade, Age-30 years, Occu-Service, R/o.Nandur Khandarmal, Tq.Sangamner, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.R.K.Temkar, learned counsel for applicant. Mrs.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 04/02/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No. 43/2009, registered in Rajur Police Station of Tal.Akole, Dist. Ahmednagar, wherein, the applicant came to be arrested on 03/12/2009 in which it is informed that the investigation is practically over and the charge sheet will be filed within coming 8 days. 2 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP appearing for the State. Also perused the papers of investigation till carried out and particularly the complaint dated 03/12/2009. On careful perusal of the said complaint, the alleged incident of abduction and rape was occurred on 19/11/2009. It further appears that the applicant and complainant are well-acquainted and were contacting each other on the mobile phone provided to the prosecutrix by the present applicant. Till the applicant and the complainant were caught together when travelling on bike, there was no disclosure about the alleged incident dated 19/11/2009. It appears that it is a case of affair between the applicant and prosecutrix. The only hurdle in the way of the applicant is the age of prosecutrix, for which reliance is placed on the judgment reported in 2004 All MR (Cri.) page 1, in the matter of Sayyad M.Sayyad versus State in Criminal Application No. 4259/2009, dated 17/11/2003. The observations in para no. 4 of the said citation are identical with the facts of the present case. 3. Considering the aspect that the investigation is practically over, now it is not necessary to detain the applicant for uncertain period. Case is made out to enlarge the applicant on bail. Hence order : 3 O R D E R 1. Application is allowed. 2. Applicant be enlarged on bail on furnishing surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. 3. After released on bail, applicant not to enter in village Shilwandi till commencement of trial. 4. Applicant is at liberty to apply for relaxation of this condition after the trial commenced before the Court of Sessions. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/FEB 2010/cri.appl.4518-09