IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.4139 OF 2008 CRI.APPLICATION NO.4139 OF 2008 CRI.APPLICATION NO.4139 OF 2008 Sachin Sakharam Dalvi, .. Applicant vs State of Maharashtra, .. Respondent Mr Vikas Shivarkar, for the applicant. Mr K.V.Saste, APP, for the respondent. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 02/12/2008 DATE : 02/12/2008 DATE : 02/12/2008 PC: PC: PC: 1. Heard Mr.Shivarkar, learned counsel for the applicant and Mr.Saste, learned APP, for the State. 2. The applicant is seeking bail in C.R.No.101 of 2008 of Dattawadi police station,Pune. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 376, 506(I) of IPC. 3. It is the prosecution case that on 30.6.2008 at 11 pm, the applicant, who is 23 years old, allegedly committed rape on the prosecutrix of 35 years old in a toilet. Mr Shivarkar, learned counsel for the applicant, submitted that it is unbelievable that one can commit such an offence in a small toilet unless it is a consensual sexual intercourse. The medical evidence shows that the prosecutrix was habituated to sexual intercourse and, obviously, so because she is married woman of 35 years old. After having considered overall facts and circumstances of the case, I am inclined to enlarge the applicant on bail. Hence, the following order. . The applicant to be released on bail in the sum of Rs.35,000/- with one or two sureties to make up the said amount, subject to condition that the applicant shall not enter the jurisdiction of Dattawadi police station, except as and when called by the investigating offficer, till conclusion of the trial. He shall keep informed his residential address to the concerned police station where he proposes to reside during this period and shall also report to the nearest police station from the place of his residence on every Saturday between 7 and 8 pm till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)