1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3920 OF 2008 Manya Motiram Waghe .. Applicant. Vs. State of Maharashtra .. Respondent. Ms.Sonil B.Bhagat for the applicant. Mrs.P.P.Shinde A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 16TH DECEMBER, 2008. DATED : 16TH DECEMBER, 2008. DATED : 16TH DECEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.I-61 of 2008 of Bazarpeth police station, Kalyan, Dist.Thane. The said crime has been registered against the applicant and two others for having allegedly committed an offence punishable under sections 376 r/w 34 of the IPC. 3. I have perused the statement of the prosecutrix. She has in detail stated as to how the present applicant and other accused committed rape on her on two consecutive days. The medical report 2 2 2 supports the allegation of rape. Having considered overall facts and circumstances of the case, in my opinion, this is not a fit case to enlarge the applicant on bail. Hence the application is rejected. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)