1 BA 1402-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1402 OF 2011 Balu alias Babu Hari Pawar .Applicant V/s. The State of Maharashtra .Respondent Mr.Gaurav Parkar, Advocate, for the Applicant Mrs.P.P.Bhosale, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 27TH SEPTEMBER, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by supervisor, who is arrested in connection with C.R.No.I-60 of 2010 for the offences punishable under Sections 376 & 506 of the Indian Penal Code registered with Uran Police Station, Uran and who is alleged to have raped a labour working under him. There are statements of witnesses showing that the 2 BA 1402-2011 applicant took the victim from the site where work was going on, telling her that there was some work at Prashant Lodge, Panvel. The victim stated that she was taken to Prashant Lodge, Panvel in a room No.16. She claims to have resisted the applicant's advances and also tried to shout and was quietened because of threats to remove her from job and also to beat her. The applicant is then alleged to have committed sexual intercourse with the victim. She states that the applicant then took the victim on his motor cycle and left her at village Chirle. She claims to have gone home, slept and informed her husband at 7:00 p.m. when he returned. At 10:30 p.m. the report was lodged. The statements of lodge owner, manager as well as waiter of the lodge show that the applicant and victim had come to the lodge, but there is nothing to show that the victim had raised any alarm etc. In fact, statement of the waiter shows that at about 11:00 a.m. the applicant and victim came to 3 BA 1402-2011 lodge and were alloted room No.16. After some time he went to the room, delivered water and cold drink bottles and that the applicant gave him a tip of Rs.10/-. Considering the nature of evidence collected, though the victim alleged that she was subjected to forcible sexual intercourse against her will, applicant's being in custody pending the trial may not be necessary. Applicant be released on bail on his furnishing P.R.Bond of Rs. 50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/- on the condition that the applicant shall keep himself scrupulously away from the victim's village and shall attend Uran Police Station on the 1st Sunday of the month between 10:00 a.m. to 1:00 p.m. till the trial is over. 3. Criminal Application stands disposed of. (R.C.CHAVAN, J.)