1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.5506 OF 2010 Vishal Vishwas Tupe ...Applicant. v. The State of Maharashtra ...Respondents. Mr. Sudeep Pasbola ,adv. For the Applicant. Ms P.P.Shinde, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 27, 2011. P.C. 1 Applicant seeks to be released on bail in crime no.126 of 2010 registered by Walchand Nagar police station at Baramati for the offences punishable under Sections 376, 306, etc. of the IPC. 2 Prosecution case in brief is that accused, who was teacher in a school, took the deceased girl aged about 18 years in a room in Walchand Nagar colony. She was student of 12th standard in the junior college situated in the same colony. Accused committed rape on her. Next day morning she attended the college but she was not feeling well. Message was given to her father. Then she was given some medical aid and was taken back to her house. She told her mother about the above facts and also stated that she had consumed poison to commit suicide 2 because of rape committed by the accused and the harassment by him. According to the prosecution, on 11.7.2010 almost immediately after the accused committed rape on the girl, some persons from the management had come there on finding that door of the room was open. When they entered into the room, they found a mobile handset. That mobile handset was deposited by them with the security officer of the society. When they were still present in the security, accused appeared and claimed that mobile. He also admitted that he had sexual intercourse with the girl in the room. 3 The learned counsel for the applicant contended that investigation is completed and charge-sheet is filed. Deceased and the accused were in love and even though they had physical intimacy, it was not the forcible act and, therefore, bail should be granted. Prima-facie, it is difficult to accept the contention that the deceased was in love with the accused. If that would be so, after having indulged in the sexual relationship, she was not likely to commit suicide. The fact that she consumed poison and committed suicide and her oral dying declaration before her mother also goes against the present accused/applicant. Prima-facie, the applicant/accused, who was teacher, committed serious crime of rape on a young girl aged about 18 years and provoked her to 3 commit suicide. 4 In view of the facts and circumstances and in the interest of fair trial, in my opinion, bail should not be granted to him, therefore, application stands rejected. The above observations are made only for the purpose of deciding the bail application and shall not be taken into consideration by the trial Court while deciding the case. (J.H. BHATIA,J.)