( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3041 OF 2010 Govind s/l Shivaji Jagdand .. Applicant Age. 33 years, Occ. Labourer, R/o. Arjkheda, Tq. Renapur, Dist. Latur. Versus The State of Maharashtra .. Respondent Mr. P.M. Gaikwad, Advocate for the applicant. Mrs. S.D. Shelke, A.P.P. for the respondent. CORAM : V.R. KINGAONKAR, J. DATED : 27.08.2010 P.C. :- 1. This is an application for bail. 2. The applicant is said to have committed rape on the prosecutrix by holding annulment that he will marry her. It is alleged that for about one year he continued to keep sexual relationship with her under the promise that he would marry her. He impregnated her. Her parents had gone to the State of Karnataka to earn livelihood. She went to her ( 2 ) maternal grand-mother on 12.11.2009. Thereafter, she was admitted to a hospital. It was noticed that she was pregnant and the fetus was about 26 weeks. On the basis of her F.I.R. certain investigation was carried out and the applicant has been charged for the offence of rape. 3. Heard learned Counsel for the applicant, learned A.P.P. and perused the investigation papers. 4. The M.L.C. certificate prima facie shows that age of the prosecutrix is between 15 – 17 years. It is well settled that margin of error in determination of age could of two years. If this margin of error is considered, it may be gathered prima facie that the prosecutrix could be major at the relevant time. There appears consensual sexual relationship between the prosecturix and the applicant. In other words, there is no element of force used by the applicant. The prosecution did not inform the alleged exploitation made by the applicant for about one year. It is nobody’s case that the applicant declined to marry her and therefore she realized that he had committed rape under false promise of marrying her. ( 3 ) 5. Considering the attending circumstances and the nature of charge levelled against the applicant, it prima facie appears that he will not be guilty of offence punishable with death or imprisonment for life. Hence, he is entitled to seek liberty and will have to be released on bail. 6. In the result, the application is allowed. The applicant shall be released on bail on furnishing of bail bonds in sum of Rs. 20,000/- (Rupees Twenty Thousand Only) with one solvent surety to the satisfaction of the Court of Sessions and on condition that he shall not contact any of the prosecution witness and shall not make any attempt to tamper with the prosecution evidence. The application is disposed of. [V.R. KINGAONKAR,J.] snk/2010/AUG10/cra3041.10