1 BA 1044-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1044 OF 2011 Aslam Miyaz (Niyaz) Ahmed Ansari .Applicant V/s. The State of Maharashtra .Respondent Mr.H.G.Mukadam, Advocate, for the Applicant Mrs.S.D.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 22ND AUGUST, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by a person, who is arrested & charge sheeted in connection with C.R.No.I-07 of 2011 for the offence punishable under Section 376 of the Indian Penal Code registered with Thane Nagar Police Station, Thane for committing rape upon his wife's friend in his own house. The victim had visited the house of the applicant 2 BA 1044-2011 for seeking recovery of some money advanced in the past. The victim was sleeping with the applicant's wife and children on a bed and the applicant was stated to be sleeping on the floor. The victim claims that because there were too many Mosquitoes, the victim chose to come down and applicant is alleged to have joined his wife and children on the bed. Thereafter, the applicant is alleged to have raped the victim, who is 27 years old and not suffering from any handicap, in the same room. 3. Considering the nature of allegations and the fact that C.A.Reports are inconclusive, applicant's being in custody pending the trial may not be necessary. Applicant be released on bail on his furnishing P.R.Bond of Rs.25,000/- with one or more solvent sureties in the aggregate sum of Rs.25,000/- till the trial is over. 3 BA 1044-2011 4. Bail Application stands disposed of. (R.C.CHAVAN, J.)