jpc BA884-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 884 OF 2011 Saddam Isamail Khan ... Applicant Versus The State of Maharashtra ... Respondent Mr. Amit Munde, for the applicant Mr. K.V Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 8th July, 2011. P.C. : 1. Heard Mr. Amit Munde, the learned advocate for the applicant and Mr. K. V. Saste, the learned APP for the State. 2. I have gone through the copy of the charge sheet that is annexed to the bail application. 3. It is clear that the applicant and the victim were in love and that the victim eloped with the applicant by leaving her parents' house without informing them. It appears that the applicant and victim actually got married and they stayed as husband and wife. The age of the victim is stated to be less than 16 years at the material time and, therefore, the charge of the offence punishable under section 376 of the Indian Penal Code has been levelled against the applicant. The medical examination of the victim reveals her age to be more than 17 years. 4. Even assuming that the victim was less than 16 years of age, it jpc BA884-11.sxw 2 is clear that the case is of consent and it is only because of the age of the victim being less than 16 years, the applicant is accused of having committed rape. 5. The applicant himself is a young person of 19 years. There are no antecedents. He is in custody since December,2010. In the circumstances, I am inclined to release him on bail. 6. The application is allowed. 7. The applicant is ordered to be released on bail in the sum of Rs. 15,000/-(Rupees fifteen thousand only) with one surety in like amount or two sureties in the sum of Rs. 7,500/- each. (A.M. THIPSAY, J.)