1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 795 OF 2010 Balu Santu Talawade .. Applicant V/s The State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. S.V. Kotwal for the applicant. Mrs. M.R. Tidake, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 2ND MARCH 2010 P.C. : 1. By this application, the applicant seeks bail in connection with C.R. No. 162 of 2009 registered at Vadgaon Maval Police Station, District Pune, for an alleged offence punishable under sections 376, 323, 504 read with 506 of the I.P.C. 2 2. According to the prosecution, in the evening of 23rd September 2009 at about 5.00 p.m. while the prosecutrix was walking from Kondiwade to Powaiwadi on the road along side the river, the applicant raped her. Two male persons are alleged to have witnessed the crime. No explanation is offered why the two persons, who are alleged to have witnessed the crime, did not do anything to prevent the crime. 3. The prosecutrix is a married woman deserted by her husband about 4 years ago. The applicant is alleged to have used a condom. Looking to the overall evidence, the defence of the applicant that it was with consent and the fact that the applicant is in custody for more than 4 months, in my view, the applicant can be granted bail. Hence, I pass the following order: ORDER The applicant be released on bail on his 3 executing a personal bond of Rs.10,000/- with one surety of the like amount subject to a condition that the applicant shall report his presence to the concerned police station once a fortnight, i.e. in the 1st and 3rd week of every British calendar month. (D.G. KARNIK, J.)