1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 3682 /2009 [Manohar Diwakar Talewale vs. State of Maharashtra) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. Amit Khare Adv.for applicant Mr C.N.Adgokar APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : JANUARY 8, 2010. Heard. 2. By the instant application, the applicant prays for grant of bail in connection with Sessions Trial No.446/2009 pending in the Court of Sessions at Nagpur. The applicant is facing accusation for offence punishable under sections 363 and 376 of the Indian Penal Code arising from crime reported as Crime No.123/2009 at Yadhodhara Nagar Police Station Nagpur. It appears that earlier by a detailed order, the learned Addl. Sessions Judge, Nagpur in Misc. Cri. Application No.1719/2009 decided on 29th Sept.2009 rejected the bail application. It further appears that the victim, who is aged about 15 years, has stated about the incident which occurred on 22nd July, 2009. when the applicant had approached her while she was going back to her house, allured to her to give some food and to accompany with him on his motorcycle and took her away 2 to a hut where he had committed rape upon her. It also appears from the material collected during the investigation that the victim had attended school for mentally retarded children till the age of 14 years. She was subjected to medical examination on 27.7.2009 when Doctor expressed opinion about absence of hymen although no injury was observed or noted. 3. Earlier, according to learned Advocate for the applicant, the victim and her mother did not agree for medical examination in connection with the incident but later on, it appears that they had agreed for medical examination on 27.7.2009. Learned Advocate for the applicant relied upon the order of this Court in Shiney Suraj Ahuja vs. State of Maharashtra in Criminal Application No. 4170/2009 (Principal seat at Bombay) decided on 1st October, 2009. This Court had released the accused facing serious accusation on bail. It does appear that it was a case involving victim aged about 20- years who was engaged as a maid-servant at the residential premises of the applicant. It further appears that this Court had considered the material collected during the course of investigation. Furthermore, in that case, in the submission of the learned counsel for the applicant with reference to statement of the prosecutrix recorded under section 164 of the Cr.P.C. when the specific words “ “sexual intercourse” or “rape” were not used, instead the word 'Atyachar' was used, which was interpreted as a atrocity. Thus, considering the entire 3 material collecte during the investigation, it appears that in that case conditional benefit of bail was granted to the applicant requiring him to stay at Delhi; whereas the trial was expected in Mumbai. Prima facie, the applicant can not claim parity with Shiny Ahuja as, in the present case, a minor victim girl with history that she was mentally retarded and had attended the school for such children till she completed 14 years of age, has complained of rape. 4. For the reasons afore-stated, I am not inclined to take a different view of the matter than the one taken by the learned Addl. Sessions Judge,Nagpur while rejecting the bail application of this applicant, by order dated 29th Sept.2009 in Misc. Criminal Application No.1719/2009. Criminal Application is rejected. However, it is expected that the learned Sessions Judge concerned shall hear the case as expeditiously as possible. If the trial is not commenced within a period of six moths from today, the applicant is at liberty to move for bail. Needles to state that the observations made herein-above are for limited purpose of the bail application only and will not affect the merits of the case. JUDGE sahare