JUDGMENT - MARLAPALLE B.H., J.:---The present applicant has been impleaded as an accused in Sessions Case No. 99 of 2003 for offences punishable under sections 324, 341, 363, 366-A, 376 and 506(2) of the Indian Penal Code. He had applied for bail along with other two accused and the bail application was rejected by the learned 1st ad hoc Additional Sessions Judge at Palghar on 17-9-2003. 2. It appears that application at Exhibit 7 was filed by the present applicant and the application at Exhibit 5 was filed by one Ganpat Hanmantrao Kamble. 3. The learned Additional Sessions Judge, on perusal of the investigation papers, held that prima facie there was evidence against the present applicant, and, therefore, refused to release the applicant on bail. 4. The prosecutrix, who claimed to be of 16 years of age, in her complaint to the police stated that the incident was of 20-2-2003 and she approached the police for filing the F.I.R. on 24- 2-2003. The F.I.R. and the supplementary statement recorded indicates that, in the meanwhile, she had gone to the lady, who had lured her on two/three occasions, but did not choose to file any complaint with the police. It does not appear that she raised any alarm when she was allegedly molested by the accused persons in the night around 8 p.m. on 20-2-2003 near the Golf Club. The supplementary statement recorded by the police, if read in its totality, along with the F.I.R. indicates that the present applicant is required to be released on bail. Whether the prosecutrix was a minor is an issue which will have to be decided by the trial Court. Her statement recorded by the police, prima facie does not reflect that she was not a consenting party. However, all these issues can be decided in the pending trial based on the evidence that may come before the Sessions Court. The view taken by the Court below does not appear to be reasonable. 5. In the result, application is allowed and it is directed that the applicant be released on bail, unless required to be detained in some other case, on furnishing a bail bond of Rs. 5,000/- with two solvent sureties in the like amount.
The view taken by the Court below does not appear to be reasonable. 5. In the result, application is allowed and it is directed that the applicant be released on bail, unless required to be detained in some other case, on furnishing a bail bond of Rs. 5,000/- with two solvent sureties in the like amount. He shall report to the concerned Police Station once in a week during the trial period as per the time fixed by the concerned Investigating Officer and shall not leave the area of the concerned Police Station without prior permission from the Investigating Officer. He shall attend the Court as and when called upon. Application is accordingly disposed of. Application allowed. -----