IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 91 OF 2009 CRIMINAL APPLICATION NO. 91 OF 2009 CRIMINAL APPLICATION NO. 91 OF 2009 Mr.Yogesh Ramchandra Baldawa ...Applicant (Orig.Accused) vs. The State of Maharashtra ...Respondent Mr.N.V. Gangal for the Applicant. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 9, 2009 DATED : JANUARY 9, 2009 DATED : JANUARY 9, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The application was filed by one Mrs.Sushama Waichal in which she had alleged that the applicant had eloped with her daughter and the complaint under Section 366(A) was registered vide C.R.No.78/2008 at the Jaysingpur Police Station. 3. Counsel for the applicant submits that the prosecutrix was 17 years 8 months 11 days old on the date on which the complaint was filed and that she had an affair with the applicant and both of them wanted to - 2 - get married which was opposed by the parents of the girl. The prosecutrix also has given a letter to that effect to the police station. Counsel for the applicant submits that she had also filed an application for quashing the complaint vide Criminal Application No.4300 of 2008 in this Court which is pending. He submitted that the prosecutrix is present in the court. The learned Counsel submitted that since the applicant and the prosecutrix belonged to two different communities, there was opposition on the part of the parents of the prosecutrix. 4. Taking into consideration the facts and circumstances of the case, in my view, prima facie case is made out by the applicant for grant of anticipatory bail. The prosecutrix admittedly was above 16 years of age and she had gone with the applicant willingly. The applicant is above 18 years of age as of today. She has no objection if the anticipatory bail is granted. The Investigating Officer has informed the learned APP that in fact, now the father and mother of the prosecutrix have no objection if the girl is married to the - 3 - applicant. Hence, the application is allowed. 5. In the event of the arrest of the applicant, the applicant be released on personal bond of Rs.5000/-with one or two sureties in the like amount. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)