{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2103 OF 2010 Namdeo s/o Chandoba Bansode Age-32 years, Occ-Service, r/o Deshpande Sawargaon, Tq-Deoni, Dist-Latur APPLICANT VERSUS The State of Maharashtra Through Police Station Udgir, (Rural), Tq-Udgir Dist-Latur RESPONDENT ....... Mr.N.P.Patil (Jamalpurkar) Advocate for the applicant Mr.K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 28th June 2010 PER COURT: 1. By this criminal application, the applicant has prayed to release him on bail in connection with CR No.61/2010 registered with Udgir (Rural) police station for an offence punishable u/s 376 (f) and 506 of the Indian Penal Code, as the applicant is arrested on 26.04.2010 and since then he is in jail. It is informed that after completion of the investigation charge sheet has been filed before JMFC, Udgir on 22.06.2010. {2} 2. Heard learned counsel for the applicant and learned APP. Perused the papers of investigation. 3. From perusal of the complaint it appears that the prosecutorix was studying in one Ashram School at Loni. The prosecutorix is residing in boarding of the said Ashram School where the applicant was working as a teacher. It appears that the alleged incident occurred in the night of 8th and 9th February 2010, however the same was not disclosed by the prosecutorix to anybody. It is further alleged that the blood stained clothes were abandoned in a field. After about 77 days, when the prosecutorix suffered pain, she disclosed the incident of sexual ravishment by the applicant to her mother and then the complainant is lodged. Immediately, the applicant is arrested. Examination of the prosecutorix discloses sexual assault, however, statements of the students who reside in the boarding so also the statement of the Rector of the hostel, do not prima facie support the prosecution story. 4. Learned counsel for the applicant has asserted that due to rivalry between the head master and the applicant, the applicant has been falsely implicated. It is also asserted that as the mother of the prosecutorix was working in the house of the President of the Ashram School, at his instance, the applicant has been implicated falsely. {3} 5. Considering the rival submissions and perusing the papers of investigation, this Court will not give any certificate as to the innocence of the applicant, however, due to disclosure of incident after 77 days already evidence of violence must have been destroyed, so also the statements of the witnesses do not support the case of the prosecution and hence, the applicant deserves to be released on bail. 6. In the result, the application is allowed. The applicant be enlarged on bail on his furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount, if not required in any other offence. The applicant is prohibited from entering within the local jurisdiction of village Loni till the trial against him is finally over. Violation of this condition would entitle the prosecution to apply for cancellation of bail. [A.V.POTDAR, J.] drp/B10/criapln2103-10