jpc ba567-11.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 567 OF 2011 Bhushan S. Bhoir ... Applicant Versus The State of Maharashtra ... Respondent Ms. Pooja Bhojne for the applicant Mr. K. V. Saste, APP for the State CORAM:- A.M. THIPSAY, J. DATED :- 4th August, 2011. P.C. : 1. Heard Ms. Pooja Bhojne, the learned advocate for the applicant and Mr. Saste, the learned APP for the State. 2. I have gone through the First Information Report and the other annexures to the bail application. 3. It is clear that the victim and the applicant were in love and the victim eloped with the applicant. The victim and the applicant stayed together for about 12 days. When they learnt that a report with the police had been filed by the parents of the victim, they went to the police station. During the period of their staying together, the victim and the applicant kept sexual relations with each other. It appears that even before the elopement, the victim and the applicant had sexual jpc ba567-11.sxw 2 relations with each other. 4. Ms. Bhojne has today, produced a copy of the medical examination report of the victim and has drawn my attention to the history of the alleged rape as given by the victim in her own words. There is no dispute that the victim, at the material time, was above 16 years age. It appears that she was a consenting party. 5. The applicant is in custody since 18th November, 2011. 6. Under the circumstances, I am inclined to release the applicant on bail, subject to certain conditions. 7. The application is allowed. 8. The applicant is ordered to be released on bail in the sum of Rs. 30,000/- (Rupees thirty thousand) with one surety in like amount, on the condition that he shall not contact, meet or approach the prosecutrix, or any other prosecution witnesses, in any manner whatsoever. (A.M. THIPSAY, J.)