IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO. 374/08 Ganesh Patil ..vs.. State =================================== CORAM: S.R. DONGAONKARM, J. DATE : 14.2.2008 Heard Mr. Bhuibhar, Advocate for the applicant. This an application under section 438 of Cr.P.C. for anticipatory bail. Interim order was passed on 1.2.2008. Question is whether that order should be confirmed. On perusal of the reply, it appears that it is a case of prosecution that the applicant had committed rape on the prosecutrix on 28.12.2007 at about 3.30 p.m. Report lodged on the same day. However, the medical report does not show that there are any injuries on the person of the prosecutrix so as to infer occurrence of forcible rape. It is the case of the applicant that the prosecutrix lodged false report inasmuch as she felt that the applicant was an obstacle for getting the house in government scheme, for which she had paid the amount. In these circumstances, in view of the fact that medical report does not support the prosecution case, applicant would be entitled for confirmation of the interim order. Hence the order. In the event of arrest of the applicant for the offences u/s 376, 506, 448 of IPC in Crime No.189/07 of P.S. Patur, he be released on bail on furnishing surety and PRB of Rs.25000/- subject to conditions that he shall report P.S. Patur as and when directed by the I.O. for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. It is made clear that the above observations are in prima facie view of the matter therefore they shall not any way influence the trial Judge while deciding the matter on merits. Application stands disposed of. Hamdast granted. JUDGE smp.