1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3938 OF 2009 Vicky Shankar Kharat ...Applicant vs. The State of Maharashtra ...Respondent Mr.I.M. Khairdi for the Applicant. Mr.Y.M. Nakhwa, APP for the State. CORAM : V.M. KANADE, J. DATED : NOVEMBER 26, 2009 P.C. :- 1 Heard Counsel for the applicant and APP for the State. 2 The applicant has been arrested on 6th May, 2009 in connection with C.R.No.I-100/2009 for the offence punishable under Sections 377, 504, 506 of the IPC registered at Shreenagar Police Station. Chargesheet has been filed. The applicant is 21 years of age. 2 3 It is submitted that though the incident took place on 26.4.2009, an FIR was lodged on 6th May, 2009, therefore, there is delay in fling the FIR. 4 The learned APP submitted that the victim was discharged on 2nd May, 2009 and therefore, the FIR could not be lodged earlier. The report from the Chemical Analyser also has not been received. 5 Taking into consideration the young age of the present applicant and the fact that there is delay in filing the report, the custodial interrogation of the applicant, in my view, is not necessary, particularly when the investigation is over and the chargesheet is filed. 6 The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. He, however, shall not 3 enter the Thane City during the pendency of the criminal case except for the purpose of attending the Sessions Court after the matter is committed to that Court. The applicant shall not try to contact the victim or threaten the prosecution witnesses. If any complaint is received against the applicant, the prosecution may apply under Section 439 for cancellation of bail. The applicant shall give his new residential address before his release to the Superintendent of Jail and thereafter, shall report to the nearest police station from new residence once in a month. 7 The application is disposed of. (V.M. KANADE, J.)