[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2337 OF 2008 Mukesh Kalicharan Keralia ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Vishal L.Kolekar for Rajendra Rathod and Abhijit Salve Advocate for Applicant Ms.P.P.Shinde APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 21, 2008 DATE : JULY 21, 2008 DATE : JULY 21, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.I-44 of 2008 of Central Police Station, Ulhasnagar, Dist.Thane. The said case is mainly under Section 376 of IPC. 3. The prosecutrix is a married lady who is about 23 years of age. The case of the prosecutrix is that she knew the applicant. With the consent of her husband, the complainant and applicant used to [-2-] go out on many occasions for roaming. The case of the prosecutrix is that her husband forced her to have sexual intercourse with the applicant. Hence, on account of threats from her husband, she had sexual intercourse with the applicant for about two months. It is not the case of the prosecutrix that the applicant had threatened her or forced her to have sexual intercourse with him but it is seen that it was the husband of prosecutrix who forced her to have sexual intercourse with the applicant. Looking to these facts, I am inclined to grant bail to the applicant. 4. The applicant-Mukesh Kalicharan Keralia be released on bail in the sum of Rs.25,000/- (Rs.twenty five thousand only) with one or two sureties to make up the said amount. The applicant to report to Central Police Station, Ulhasnagar, once in a month till the conclusion of the trial. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]