1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4878 OF 2010 Milind S/o Ashok Patil Age : 28 years, Occ : Service, R/o Dhekusing Road, Gulmohar Colony, Amalner, District Jalgaon. ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mrs. S.S. Jadhav, advocate for applicant. Mr. N.H. Borade, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 1st December, 2010. PER COURT : 1. The application is for bail. 2. Heard the learned Advocate for the applicant and the learned A.P.P. Perused the investigation papers. 3. The applicant is arrested in connection with Crime No. 239 of 2010 registered at Amalner Police Station for the offence of rape etc. 4. Perusal of the investigation papers, and other material would prima facie show that on 01.07.2010, the pair of infant twins 2 was found on seat nos. 23 and 24 of a Public transport bus. The bus was then parked at Chotigwaltolli bus stand. The infants were referred to Orphanage/Nursery. The F.I.R. is lodged by prosecutrix alleging that the twins were born to her on 20th June, 2010 at Sidhakala hospital at Amalner due to the illicit sexual intercourse committed by the applicant, against her consent and by use of force, from time to time while she was working as his Domestic servant. The applicant, therefore, was arrested and has been charge sheeted. The learned A.P.P. submits that the investigation is practically over and the charge sheet is likely to be filed within a short span. 5. It, prima facie, appears that the prosecutrix is aged about 30/40 years whereas, the applicant is about 10-12 years younger to her. The allegations made in the F.I.R. is that the applicant assured her to marry. This allegations in the F.I.R. is rather vague. It is stated, however, that as and when, there was opportunity available, the applicant had committed sexual intercourse against her will and by use of force. He had threatened her that she should not disclose this fact of sexual intercourse to anybody otherwise he will not keep you alive because his maternal uncle is wrestler, and therefore, she was scared. 3 6. The recitals of the F.I.R. and the relevant investigation papers prima facie shows that the prosecutrix was married on 3rd May, 1988 to one Sanjay Joshi but after about one year, she was abandon by the husband after she gave birth to female child. What transpires from the record is that she was engaged by the applicant as Domestic servant for attending the domestic work of cleaning utensils and floor. The F.I.R. itself shows that for about one year after such employment, the alleged incident of sexual intercourse had occurred. She was employed by the applicant as domestic servant somewhere in the year 2004 and for the first time the sexual intercourse is said to have been committed somewhere in 2005. Their relationship continued for about 4-5 years. It is difficult to appreciate that she was under the spell of threat for such long drawn period. Considering the attending circumstances, it appears that she was aggrieved after the applicant was married on 10th December, 2009 and that the infants were not made available to her. There is long delay in filing of the F.I.R. and the reasons for the delay are not prima facie convincing. 7. In view of the foregoing reasons, the applicant deserves liberty on certain conditions. The learned Advocate for the applicant submits that the applicant will not enter Jalgaon district till the sessions trial will be pending, in order to alleviate the 4 fear in the mind of the prosecutrix and to ensure fair trial. The application is granted. The applicant is directed to be released on bail, on furnishing of bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with one solvent surety bond in the like sum, and on further condition that he shall not enter in Jalgaon district till completion of the sessions trial except in order to attend the Sessions Court on the scheduled dates of hearing and excluding only formal dates fixed by the Sessions Court. Thus, he shall attend the Sessions Court at the time of framing of the charge, recording of evidence and recording of statement under Section 313 of the Criminal Procedure Code and as may be required by the Court itself and not otherwise. He shall report to P.S.O. City Police Station, Dhule on each Sunday between 10 a.m. to 2 p.m. during pendency of the sessions case. (V.R.KINGAONKAR) JUDGE gas/cri4554.10