* 1 * B.A. 1891-2011 22.12.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1891 OF 2011 IN CRI. CASE NO. 2602324/PW OF 2011 Mr. Kailash Anant Sakpal (through jail) ....Applicant V/s. The State of Maharashtra (at the instance of Dahisar Police Station C.R. No. 233 of 2011) .....Respondent * * * * * Mr. Ravindra Sankpal, Advocate for the applicant. Mrs. U.V. Kezriwal, APP for State-respondent. CORAM :- Smt. R.P. SondurBaldota, J. 22nd December, 2011. P.C. : 1. The applicant seeks bail in Sessions Case No. 174 of 2011 facing charges under Section 376 and 506(II) Indian Penal Code. The brief case of the prosecution is that on 7th April, 2011 at about 1.30 a.m. the applicant who is the cousin brother-in-law of the complainant went to her house and got entry into the house by * 2 * B.A. 1891-2011 22.12.2011 saying that her husband who at the relevant time was absconding being an accused in a criminal case needed his ration card. After gaining entry into the house, he committed rape upon her. He had threatened to harm her and her son if she protested. The husband of the complainant later surrendered to police and got himself released on bail on 12th July, 2011. On his return to the house, the complainant narrated the incident to him. Immediate reaction of the husband, thereafter, was not to approach for filing a complaint with the police. Instead, he called the applicant to his house for seeking an explanation. As per the complaint, the applicant had apologised to the complainant and her husband. The mother of the applicant also allegedly promised that she would find out a solution to the problem by holding a meeting of her relatives. It is alleged that when no steps were taken for resolving the dispute, the complaint came to be registered on 23rd July, 2011 and the applicant came to be arrested on 26th July, 2011. 2. The entire case of the prosecution rests only upon the statement of the prosecutrix. The statements of some of the witnesses recorded by the police who are the relatives of the applicant indicates that there was a love affair between the * 3 * B.A. 1891-2011 22.12.2011 applicant and the complainant. In the above background of facts, the further custody of the applicant is not going to serve any useful purpose. Hence, the order. O R D E R (i) The Application is allowed. The applicant be released on bail in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one surety in the like amount in C.R. No. 233 of 2011 registered with Dahisar Police Station. (ii). The applicant shall make himself available for interrogation by the Investigating Officer as and when required. (iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him for disclosing such facts to the Court or to any Police Officer. (iv) The applicant shall not leave the jurisdiction of the trial Court without the previous permission of the trial Court. [SMT. R.P. SONDURBALDOTA, J]