1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1285 /2010 (Abdul Shaheed @ Saeed s/o Abdul Haroon vs. State of Maharashtra) .................................................................................................................................................................... Office Notes, Office Memoranda Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. A B Mirza, Advocate for applicant Mr. C N Adgokar, APP for Respondent CORAM : A.P. BHANGALE, J. DATED : 30 th August, 2010. Heard. 2. The applicant is facing serious accusation that he had kidnapped the minor girl and committed rape on her. 3. According to learned Advocate for the applicant, charge-sheet is already filed; that there was no evidence or injuries on genital part of the victim and that no definite medical opinion was given. It is further contended that the applicant is the only bread-earner of his family and that the festival of Idd is fast approaching. 4. Learned APP vehemently objected bail on the ground that prosecutrix was enticed by the applicant although he was a married person, on the false pretext that he would tie the knot with the minor prosecutrix and kidnapped her on 12th March 2010 during night time, took her to various places and committed rape upon her , thus, facing accusations for offence punishable under sections 363, 366 and 376 of the IPC 2 4. Considering that earlier bail application was rejected by learned Addl. Sessions Judge Akot Dist. Akola on 8.7.2010 and in view of the accusations against the applicant and medical observations that hymen was found to be ruptured, I think there is prima facie involvement of the applicant in the alleged offence. In view of the material collected during the course of investigation I am not prepared to take a different view of the matter than that is taken by the Court below. It is however made clear that the observations made are only for the purpose of deciding the present application only and the trial Court shall decide the trial on its own merit and in accordance with law, without being influenced by the observations made in this order. The Trial Court shall hear and decide the trial as fast as possible. Application is rejected. JUDGE Sahare