abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 192 OF 2008 Anil Bapurao Jadhav .. Applicant V/s The State of Maharashtra .. Respondent Mr.V.V. Purwant i/b Mr.Deepak Shinde for the applicant. Mr.D.P. Adsule, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 5TH FEBRUARY 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the applicant and the learned A.P.P. for the State. 2. The applicant seeks bail in connection with the offence registered with Dahiwadi Police Station, Satara under C.R. No.76/2007 punishable under sections 363 and 366 of the Indian Penal Code. According to the prosecution, subsequently an offence punishable under section 376 of the Indian Penal Code has also been added. - 2 - 3. A missing complaint was lodged by Rajendra Shankar Pawar on 29th May 2007 that his niece Sheetal was missing from 28th May 2007. Subsequently, a first information report was registered by the police on 2nd June 2007. The applicant was arrested on 25th June 2007 and since then he is in custody. 4. According to the prosecution, the applicant, who is a married man, enticed Sheetal, who was a minor, to go with him on 28th May 2007. He removed Sheetal from the lawful custody of her parents and thereby committed an offence. Statement of Sheetal was first recorded on 25th June 2007. In the statement, she has stated that she was in love with the applicant. The applicant had told her that he was married and had a daughter aged 5 years. Despite that she fell in love with the applicant and even had sexual intercourse with him on two occasions. In the statement, she stated that she left the house on her own and went with the applicant voluntarily. On 1st July 2007 she changed her version and stated that she was enticed by the applicant by giving a false promise of marriage and he had sexual intercourse with her against her wish. Sheetal was sent for medical examination and the medical report says that the age of Sheetal is about 18 years and she was habituated to sexual intercourse. - 3 - 5. Taking into consideration the fact that the medical opinion states the age of Sheetal to be 18 years and also the fact that she was habituated to sexual intercourse and also taking into consideration that in her first statement she has stated that she went with the applicant voluntarily though she was aware that the applicant was a married man with a child, in my opinion, the applicant is entitled to conditional bail. Hence, I pass the following order:- ORDER ORDER ORDER The applicant be released on bail on personal bond of Rs.25,000/- with two sureties of the like amount subject to the following conditions: (a) The applicant shall not make any inducement or threat to any of the prosecution witnesses and shall not tamper with the investigation. (b) The applicant shall report to the concerned police station once a month between 1st and 5th of every British calendar month. . The application is disposed of. - 4 - (D.G. KARNIK, J.)