[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2173 OF 2008 Abhishek Anand Saigaonkar ..Applicant Vs. The State of Maharashtra ..Respondent ... Ms.Bhavna Gaja Advocate for Applicant Mr.K.V.Saste APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 8, 2008 DATE : JULY 8, 2008 DATE : JULY 8, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.48 of 2008 of Agripada Police Station, Mumbai. The said case is mainly under Section 376 of IPC. 3. It is the prosecution case that the applicant had sexual inter course with the prosecutrix who was 15 years and 8 months at the time of incident. There was love affair between the prosecutrix and the present applicant. This fact was known to the parents of the prosecutrix. The prosecutrix in her [-2-] statement has stated that there was love affair between her and the applicant. Due to the said affair, the sexual inter course had taken place with her consent. No doubt, as the prosecutix was below 16 years of age, her consent cannot be taken into account and it would be a case under Section 376 of IPC. However, looking to the fact that the prosecutrix was almost 16 years of age at the time of the incident and looking to the other facts and circumstances of this case, I am inclined to grant bail to the applicant. 4. The applicant-Abhishek Anand Saigaonkar to be released on bail in the sum of Rs.15,000/- (Rs.fifteen thousand only) with one or two sureties to make up the said amount. The applicant to report to Agripada Police Station, Mumbai as and when required. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]