1 1912.ba.716.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 716 of 2011 (Pradeep S/o. Dhansingh Rahangdale Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.S. Tiwari, Advocate for the applicant. Mr. V.A. Thakre, APP for the non-applicant/State. CORAM : M. N. GILANI, J. DATE : 19 th DECEMBER, 2011. This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant- accused on bail, against whom charge-sheet has been filed alleging commission of offence punishable under Section 376 of the Indian Penal Code in the Court of Sessions at Gondia. The incident occurred on 01/08/2011. The prosecutrix is a widow, aged about 50 years and was working in the farm house. The applicant-accused was also working in the said farm house. At about 6:00 p.m., when she was cooking food, the applicant-accused entered her house and committed sexual intercourse with her against her will. Again he repeated that. Thereafter, she ran to her neighbour’s house and narrated the incident. On the next day, the F.I.R. was lodged. 2 1912.ba.716.11 The circumstances, which are relevant to decide the plea of releasing the applicant-accused on bail are : the prosecutrix is aged about 50 years, the allegations are that she was raped twice, she was fallen on the ground, however, no injury or even a scratch was not found on her person. Further the circumstances and the place, where the incident occurred, do not support the theory of prosecution. In that light of the matter, the applicant will have to be released on bail. Application is allowed. The applicant is directed to be released on bail on his furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties in the like amount. Hamdast granted. JUDGE *Sdw