1 BA 1511 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1511 OF 2011 Rajkumar Ramkrishna Dube .. Applicant. -versus The State of Maharashtra .. Respondent. Mr. Datta Mane i/b Mr. G.T. Kachanpurkar, for the applicant. Mrs. P. P. Bhosale, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 17th October, 2011 P.C. 1. This is an application for bail by 48 year old person, who has four daughters, two of them are married. He was caught red handed raping a 6 year old minor girl. The medical examination of the girl shows that there was swelling over vagina with minimal vaginal tear with redness of vulna. Proper examination was not possible as patient complained of pain and was not co-operative. She was referred to Gynaecologist. The report of Gynaecologist shows that there was no signs of any injury/blood/semen, but labia magira was inflamed, abrasion was present and pinpoint perforation in hyme was noticed. Learned counsel for the applicant submits that the applicant was in fact granted bail by default, but could not take its advantage as he could not furnish bail. Considering the nature of evidence which is collected and the 2 BA 1511 OF 2011 fact that the applicant was caught on the spot red handed, he is not entitled to bail. Application is rejected. 2. The learned trial Judge would take up the case of the applicant for expeditious hearing and dispose of the same as far as possible, having due regard to the older cases of under trial prisoners who may be in jail since before the applicant was arrested. (R. C. CHAVAN, J.)