1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5368 OF 2009 Santosh Ramchandra Nikam .. Applicant V/s The State of Maharashtra .. Respondent ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. D.D. Rananaware for the applicant. Mrs. M.R. Tidke, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 11TH JANUARY 2010 P.C. : 1. Heard. 2. The applicant, who has been arrested on 12th September 2009 in connection with the C.R. No.104 of 2009 registered with Vaduj Police Station, Satara for an offence punishable under sections 376, 451 and 506 of the I.PC., seeks bail by this application. 2 3. On 12th September 2009, the prosecutrix lodged a complaint that about a month ago the applicant came to her house in the afternoon and had forcible intercourse with her. There is further allegation that the applicant again came after two days and repeated the act of forcible intercourse. 4. There is a delay of a month in lodging of the F.I.R. The delay is not satisfactorily explained. The police have recorded the statements of 3­4 neighbours who have stated that the applicant was seen entering the house of the prosecutrix and locking the door from inside and they had also seen the applicant going out of the house after about 15­20 minutes. It prima facie appears that the act of intercourse could be with consent and only after it was disclosed that the neighbours had seen the applicant going to the house of the prosecutrix and suspected the relationship 3 between the applicant and the prosecutrix that the complaint has been lodged. In any event, that is a matter of evidence at the trial. The applicant is in custody for more than three months and the investigation has been completed. In the circumstances, in my view, the applicant deserves to be granted bail. Hence, I pass the following order: ORDER The applicant be released on bail on executing P.R. Bond of Rs.15,000/­ with two sureties of the like amount subject to the following conditions: (i) The applicant shall not in any way contact the prosecutrix. (ii) The applicant shall not tamper with the prosecution evidence and shall not in any way threaten the prosecution witnesses. 4 (iii) The applicant shall report his presence in the concerned police station once a fortnight, that is on 1st or 2nd and 16th or 17th of every British calendar month, till the disposal of the trial. It is clarified that the observations made herein are prima facie and the Sessions Court shall not be in any influenced by them at the stage of trial. (D.G. KARNIK, J.)