/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1330 OF 2008 IN CRIMINAL APPEAL NO.1235 OF 2008 Deepak Murlidhar Ahire ...Applicant Vs. The State of Maharashtra ...Respondent --- Shri N.R. Bubna for Applicant Shri D.P. Adsule-APP for the State ---- CORAM: V.M. KANADE J. DATED 15TH DECEMBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. This is an application for bail. 3. The case of the prosecution is that the Applicant along with one other Accused had offered ride on their bike to the prosecutrix and her sister, and when they refused to accept the offer, at the point of knife, they were taken by the Applicant and by the other Accused. Both the prosecutrix and her sister Ashwini were raped by the present Applicant and by the Accused Rahul and, thereafter, the prosecutrix Rohini and her sister were taken on two other bikes. While returning home, they met with an accident and they became unconscious and, thereafter, they were taken to the hospital for the treatment. A complaint of rape, however, was filed after a lapse of 10 days. / 2 / The Trial Court has acquitted the other accused Rahul. The Trial Court has, however, convicted the present Applicant and sentenced him to suffer R.I. for 7 years. He was on bail during trial. 4. From the evidence of PW-7 Dr.Vasant Shankar Karande, it is evident that there are no injuries caused by the knife on the prosecutrix. There is a delay of almost ten days in filing the complaint. The prosecutrix and her sister Ashwini admitted in the hospital since the motorcycle on which they were riding had met with an accident. When PW-7 noted the injuries, which were caused at the time of the said accident, at that time no complaint was made by the prosecutrix or her sister. PW-8 Dr. Yuvraj Hari Pawar has stated in his evidence that the age of the prosecutrix would be more than 16 years of age. The prosecution has not brought on record any other documents, such as the birth certificate or the school leaving certificate which indicates that she was below 16 years of age. The place where the incident had occurred is a busy public road. There were no injuries which indicate that the knife was used when the prosecutrix were raped. 5. Taking into consideration these circumstances, in my view, this is a fit case for grant of bail. The Applicant is a student and is 22 years of age. 6. The Applicant, therefore, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount, on the condition that he shall not enter / 3 / the jurisdiction of Sinnar Police Station during pendency of the appeal. The Applicant shall give his new address and shall report to the nearest police station once in a month. 7. Application is disposed of. V.M.KANADE J.