1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.363/2011 ( Amol Tukaram Patil ..Vs.. State of Maharashtra, through P.SO., Manora P.S., Distt. Washim ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Anil Mardikar, Adv. for applicant. Mr. D.B. Patel, A.P.P. for respondent/State. CORAM : M.N. GILANI, J. DATED : 4.7.2011. 1. The applicant who is an accused in Sessions Trial No.13/2011 pending on the file of learned Additional Sessions Judge, Washim is seeking his release on bail, pending trial. 2. Learned Additional Sessions Judge vide order dated 7/5/2011 rejected the bail application of the applicant without discussing the merits of the case. He observed that when the chargesheet was submitted, the applicant/accused was shown absconding. This conduct of the accused/applicant weighed with learned Additional Sessions Judge in rejecting his bail application. 3. The offences punishable under sections 376, 417, 418, 198, 493 of the Indian Penal Code and section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are registered against the accused on the report lodged by one Sonali. On 15/4/2008 she married to one Suresh Pardhi. After staying with her husband just for 5 days she 2 returned to her parents house. Even before marriage she and accused were having affairs. After return of Sonali they both continued to have physical intimacy. It is alleged that Sonali conceived from the accused. The accused refused to marry her and therefore, she lodged report. 4. In support of this application, learned counsel for the applicant placed reliance upon decision in case of Uday V/s. State of Karnataka reported in (2003) 4 Supreme Court Cases 46. 5. This is a case where prosecutrix aged about 22 years, despite love affairs with the accused, chosen to marry another person and thereafter deserted him. After returning to her parents house she continued to have physical intimacy and then conceived from him. In view of the peculiar facts of the case, application is allowed. 5. The applicant is directed to be released on bail in Crime No.84/2009, registered at the police station Manora for the offences punishable under sections 376, 417, 418, 498, 493 of the Indian Penal Code and section 3(1)(xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on his furnishing P.R. bond of Rs.50,000/- with two sureties in the like amount with a condition that the applicant shall not enter the village Gadegaon till the trial is over. JUDGE Tambaskar.