[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2541 OF 2008 Shri.Bira Pandurang Devkate ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Karmalkar G.A. Advocate for Applicant Mr.H.J.Dedia APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 4, 2008 DATE : AUGUST 4, 2008 DATE : AUGUST 4, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.27 of 2008 of Welapur Police Station, Dist.Solapur. The said case is under Section 376(g) of IPC. 3. The age of the prosecutrix is 14 years. The prosecutrix has specifically stated that the applicant and another accused committed rape on her. 4. The learned advocate for the applicant [-2-] submitted that the medical certificate of the prosecutrix, does not support the prosectrix’s case that rape was committed on her. He has pointed out that the medical certificate shows that the hymen was intact. Looking to the medical certificate and the facts of this case, I find much merit in the submission of the learned advocate for the applicant, hence, I am inclined to grant bail to the applicant. 5. The applicant-Bira Pandurang Devkate be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) with one or two sureties to make up the said amount. The applicant to report to Welapur Police Station, once in a week till conclusion of the trial. 6. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]