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. 447 OF 2009 CRIMINAL APPLICATION NO. 447 OF 2009 CRIMINAL APPLICATION NO. 447 OF 2009 Shri Irshad Hasan Shaikh ...Applicant vs. The State of Maharashtra ...Respondent Mr.Kuldeep S. Patil for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 9, 2009 DATED : FEBRUARY 9, 2009 DATED : FEBRUARY 9, 2009 P.C. :- P.C. :- P.C. :- 1. The applicant is the brother-in-law of the complainant. A complaint has been filed against all the members of the family for the offences punishable under Sections 498-A, 376, 504, 506, 323 of the IPC at Virar Police Station, Vasai, vide C.R.No.I-279/2008. The complaint was lodged on 18th November, 2008 in which the bald allegation is made that the applicant who is the brother-in-law of the complainant had entered her house about 5 to 6 months before the date of the complaint and had forcibly committed sexual intercourse with her and also threatened her. Apart from this bald allegation which is made only after 5 to 6 months, there is no other material on record. The complainant has made - 2 - allegations against her husband and also against her mother-in-law and father-in-law, of harassment and mental torture. So far as allegations of rape is concerned, since there is a gross delay of almost 5-6 months and there is no evidence to corroborate the statements of the prosecutrix, in my view, the applicant deserves to be released on bail particularly, because his continued detention in jail, in my view, is not necessary. 2. Taking into consideration the gross delay in filing the complaint, the applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant, however, shall not threaten the complainant or her relatives. If any complaint is received, the police may file an application for cancellation of bail. 3. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)