IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3530 OF 2009 Tanaji Prakash Gavali ...Applicant Vs. The State of Maharashtra ...Respondent ---- Shri Jaydeep D. Mane for Applicant Shri J.P. Yagnik -APP for State ---- CORAM: V.M. KANADE J. DATE : 11TH NOVEMBER, 2009 P.C. ---- 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant was arrested in connection with an offence punishable under sections 376, 363, 366 of the Indian Penal Code. 3. The prosecution case in brief is that the Applicant was of 22 years of age and the prosecutrix was 15 years of age had eloped and they had stayed at Mumbai for a period of 1 month and 9 days. It is alleged that the Applicant had sexual intercourse with the prosecutrix after threatening her that he would kill her if she makes any complaint. During this period it is alleged that he raped her. 4. The learned Counsel for the Applicant submitted that the charge sheet is filed. The prosecutrix had accompanied the Applicant and had stayed with him willingly for the said period. He, therefore, submitted that, since the charge sheet is filed, the Applicant may be released on bail since trial may not begun in near future. 5. Under these circumstances, therefore, in my view, custodial interrogation of the Applicant is not necessary. The Applicant be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall report to the concerned police station once in a month. 6. Application is disposed of. (V.M. KANADE J.)