..(1).. 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 CRIMINAL APPLICATION NO.431 OF 2008 IN CRIMINAL APPEAL NO.326 OF 2008 Gautam Shital Verma. ..Applicant. Versus Versus Versus The State of Maharashtra ..Respondent. .... Mr.Niranjan Mundargi, Adv. for the Applicant. Mr.Rajesh More, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 25th April, 2008. DATED : 25th April, 2008. DATED : 25th April, 2008. P.C.: 1. Heard the learned Counsel for the Applicant-orig.accused and the learned APP for the State. 2. The applicant-orig.accused has been convicted under Section 376 r.w. 511 of IPC. The applicant is now seeking bail. 3. The prosecutrix has stated that the accused had put his private part into her private part and discharged something. At the time of the incident, the prosecutrix was between 12 to 13 years of old. In the medical evidence, no ..(2).. injuries were found on the private part or anywhere else on the body of the prosecutrix. Moreover, no semen was found on the clothes or in the smear taken from her body. All these facts raise serious doubt regarding the prosecution case. The learned Counsel for the applicant states that the applicant was on bail during the trial and he has not misused the liberty granted to him. This statement has not been controverted by the prosecution. Looking to all theses facts and the evidence on record, I am inclined to grant bail to the applicant. 4. On the fine amount being paid by the applicant, the applicant - Gautam Shital Verma to be released on bail in the sum of Rs.25,000/- (Rs.Twenty-five Thousand Only) with one or two sureties to make up the said amount. The applicant shall report to Versova Police Station once in a month i.e. on the first Monday of every month, till disposal of his appeal. 5. Application is disposed of accordingly. ..(3).. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)