1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO. 3353/2009 (Rajhans s/o Tulsiram Bhaskar .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. J.B. Kasat, Advocate for Applicant Mr. A.S. Parihar, APP for Respondent. .... CORAM : P.D. KODE, J. DATED : NOVEMBER 18, 2009 Heard. Perused the charge sheet. The prayer for a bail by the applicant/accused charge sheeted by Police Station Chikhaldara in connection with Crime No. 13/2009 registered on 19.1.2009 for offences punishable under Sections 363, 366 and 376 of IPC is strongly opposed by the learned APP on the ground of the victim and the applicant being the residents of the same village and the facts and circumstances revealing that the applicant/accused by force having kidnapped the victim girl and thereafter by force and/or under the promise of marriage having made her to have illicit relations with him for a period of a month. The prayer is also opposed on the count of there being likelihood of prosecution evidence getting tampered. As per the school record the age of victim girl being above 16, even the medical assessment of the 2 said age being to such an extent and conduct of the victim girl during the span of about one month with the accused as revealed prima facie from material collected during the investigation being not indicative of herself at any point of time having attempted to run away/ protested and/or complained to anybody regarding the acts allegedly committed by the accused and thus prima facie militating against her claim of the acts allegedly committed by the accused, the investigation in the crime being complete and there being delay in lodging FIR and apparently the matters from the FIR prima facie to some extent submission of learned counsel for the applicant of there being possibility of false implication in view of father of the applicant having not agreed to pay dowry amount for marriage, in the facts and circumstances of the case the discretion deserves to be exercised in releasing the applicant/accused on bail as the apprehension expressed by the prosecution can be taken care of by imposing suitable conditions in the order. Hence the order: The applicant/accused is directed to be released on bail upon executing a P.R. bond in a sum of Rs.30,000/- with two sureties in like amount and subject to the conditions that applicant (i) not staying in village Bagalinga, tahsil Chikhaldara, (ii) informing the place at which he will be staying after his release and not changing the same without the permission of the Court, (iii) not attempting to tamper prosecution evidence and (iii) not committing similar offence while on bail. Bail in lower Court. 3 Hamdast allowed. Application stands disposed of. JUDGE halwai