SANJAY KIRAN BHALERAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this application, the applicant seeks bail in connection with C.R. No.I-616 of 2009 registered at Mahatma Phule Chowk Police Station, Kalyan, District Thane, for an alleged offence punishable under sections 376, 419 and 504 of the I.P.C.

(2.) ACCORDING to the prosecutrix, on 26th December 2009 Ms. Naina (hereinafter referred to as "the complainant) lodged a first information report to the police that the applicant had intercourse with her by promise of marriage and thereafter the applicant married another woman. The relationship is alleged to have been going on for more than 2 years. Admittedly, the intercourse was with consent. The only issue which is to be decided is about the consent obtained by fraud. That issue can only be decided at the trial.