1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 348 OF 2010 Ganesh Suresh Kotwal .. Applicant V/s 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. A.A. Deshpande for the applicant. Mr. S.N. Gawade, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 29TH JANUARY 2010 P.C. : 1. Heard. 2. By this application, the applicant seeks bail in connection with C.R. No. 184 of 2009 registered at Lonikand Police Station, District Pune for an alleged offence punishable under sections 376, 394 and 506 of the I.P.C. 2 3. The prosecution case is that on 8th July 2009, the prosecutrix was going to her home along with her cousin uncle who was riding a motorcycle. At about 6.00 p.m., the uncle stopped the motorcycle near a tree stating that he wanted to go to a water closet. At that time, three persons came from behind on two wheelers and they snatched the chain worth Rs. 8000/- worn by the uncle of the prosecutrix. Thereafter one of the applicants dragged the victim in the farm and raped her. 4. An F.I.R. was lodged on 16th August 2009, i.e. after one month and 8 days of the alleged incident. The delay in lodging of the F.I.R. is not satisfactorily explained. Learned A.P.P. for the State submitted that on account of fear of defamation, the F.I.R. was not lodged immediately. It may be noted that even in respect of snatching of a chain of the uncle of the prosecutrix, F.I.R. was not lodged till 16th August 2009. Taking into consideration these 3 facts and also taking into consideration the fact that the applicant is in custody for a period more than 3 months, in my view, the applicant can be granted bail. Hence, I pass the following order: ORDER The applicant be released on bail on his executing a personal bond of Rs.15,000/- with two sureties of the like amount, subject to a condition of reporting his attendance to the concerned police station once a fortnight between 1st to 5th and 15th to 20th day of every month. Breach of the condition would result in cancellation of bail. (D.G. KARNIK, J.)