1 CRI.APPLN.NO.135/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.135/2011. (Babalu (Ramkrishna) Bhausaheb Patole Vs. The State of Mah. and Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- .Mr.Pradeep R.Adkine, Adv. for applicant; Mr. NB Patil,APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 31 st January, 2011. ... 1) Heard. 2) In an offence, punishable under sections 376, 452, 323 and 504 of IPC, the accused/applicant, seeks release on bail as he is in custody from 22.12.2010. 3) The learned Counsel for the applicant/accused submits,in order to counter-blast the F.I.R. of the accused/applicant, registered against brother of the victim on the same day, vide Crime No.1043/2010, recorded at 4.00 p.m., the applicant/accused is falsely implicated in the offence, allegedly having taken place at 3.00 p.m. 4) Having gone through the medical examination of the victim as also of the accused dated 22.12.2010, there are 2 CRI.APPLN.NO.135/2011 primary traces of events, having taken place with the victim and also with the accused/applicant. There is an injury caused at the neck of the applicant/accused. Even if it is referred to the earlier brawl, it is not so supported in his F.I.R. The primary medical examination of the victim also suggest of sexual abuse. At this stage, since investigation is in progress, no bail, application rejected. Observations are prima facie in nature. 5) Liberty after charge sheet. (K.U.CHANDIWAL) JUDGE bdv/