1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application (BA) No.524/2011 Bhagesh @ Bagyawan Govindrao Gaikwad vs. The State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 18/10/2011. Heard Mr. S. V. Sirpurkar, learned counsel for the applicant and Mr. N. R. Rode, learned APP for the respondent. The applicant, who has been arrested on 22.3.2011 in Crime No.53/2011 registered at Police Station, Chandrapur City for offence punishable under Sections 376 and 417 of the Indian Penal Code (I.P. C.) has filed this application for bail. The complaint has been lodged by the prosecutrix who was 17 years old as on the date of complaint. From the said complaint, it is clearly seen that the acts of sexual intercourse had occurred with the consent of both the parties, but the applicant had allegedly promised that he would marry the prosecutrix. Only after the prosecutrix became pregnant, she has lodged complaint and at the end in the said complaint, the prosecutrix has specifically stated that since the applicant is not ready to marry her, now, she has lodged the complaint. As far as the offence under Section 417 of the I.P.C. is concerned, it is punishable with 2 imprisonment which may extend to only one year or with fine and is triable by the learned Judicial Magistrate First Class. Learned APP has stated that the birth certificate of the prosecutrix is on record and her date of birth is 10.4.1995, which means that she was minor one year prior to the filing of the complaint. However, the fact remains that no complaint was lodged one year back when the prosecutrix was minor. As pointed out by the learned Advocate Shri S. V. Sirpurkar, the applicant was below 18 years at the relevant time and hence would have been a juvenile offender. Considering the peculiar facts and circumstances of the case and since the charge-sheet has already been filed, I am of the view that the applicant deserves to be released on bail. In the result, the application is allowed. The applicant shall be released on bail in Crime No.53/2011 registered at Police Station, Chandrapur City upon execution of personal recognition bond in the sum of Rs. 30,000/- (Rs. Thirty thousand only) with one solvent surety in the like amount under the condition that the applicant shall not try to contact the prosecutrix in any manner and also shall not tamper with the prosecution witnesses until final disposal of the case. Application stands disposed of. JUDGE Ambulkar.