1 1 1 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.1260 OF 2009 Hari Kusha Shid .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.D.S.Mhaispurkar for the applicant. Mr.Y.S.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 24TH APRIL, 2009. DATED : 24TH APRIL, 2009. DATED : 24TH APRIL, 2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.I-58 of 2008 of Tokawade police station, District Thane. The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under sections 376(1), 366, 344, 506 r/w 34 of IPC. 3. The applicant and two others are involved in the instant crime. Insofar as the offence under section 376 is concerned, it is alleged only against the present applicant. I have perused the FIR. It appears that the prosecutrix and the applicant knew each other very well. She accompanied and stayed with him for few days and during this period, she has 2 2 2 stated in the FIR, that the applicant committed rape on her on several occasions. From perusal of the FIR and the other material placed before the court, I am, prima facie, satisfied that it is a case of consensual sexual intercourse. In my opinion, continued detention of the applicant is not necessary. Hence I pass the following order: . The applicant be released on bail in the sum of Rs.30,000/- with one or two sureties in the like amount subject to the condition that the applicant shall not enter the limits of village Kochare, Taluka Murbad, till conclusion of the trial. The applicant shall inform his address, where he propose to reside during this period, to the concerned police station within two weeks from the date of his release. The applicant shall report to the nearest police station from the place of his residence on every alternate Saturday between 6 pm and 7 pm till conclusion of the trial. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)