1 BA 547.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL BAIL APPLICATION NO. 547 OF 2011 Shahnawaz Mohd. Shahid Shaikh. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. Milan Desai i/b. Sunil S. Vichare for the Applicant. Mrs. R.V. Newton for the State. CORAM : A.M. THIPSAY, J. DATED : 17th JUNE 2011. P.C. :- Heard. 2. Mr. Milan Desai submits that during the pendency of the application, a charge-sheet has been filed in the matter. He tenders a copy of the charge-sheet which is taken on record. A copy of the charge-sheet is furnished to the learned APP also. 3. I have gone through the entire charge-sheet. From the date of the birth of the victim, and the date on which the first sexual intercourse between the Applicant and victim took place, as given in the First Information Report, it is clear that the victim was not below 16 years of age, at the material 2 BA 547.11.sxw time. Undoubtedly, the victim says that she had not consented for the said act, but, according to the learned Advocate for the Applicant, the case is of consent. 4. In the light of the averments in the FIR, the statement of the mother of the victim and other statements recorded during the investigation and going by the probabilities, the possibility of the victim, being a consenting party, cannot be ruled out. 5. The investigation is over. The Applicant is in custody since 2nd March 2011. Considering all the relevant aspects of the matter, it does not appear to me that this is a case where the Applicant needs to be detained till the trial is over. 6. The Applicant is ordered to be released on bail in the sum of Rs.25,000/-, with one surety, in like amount. (A.M. THIPSAY,J.)