9. cr appln 4800-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4800 OF 2010 Tanaji Vishvambhar Waghmare .. Applicant Vs The State of Maharashtra .. Respondent Mr. Ujwal R. Agandsurve for the Applicant Ms. P.P. Shinde, APP for the State CORAM : J.H. BHATIA, J DATE : 24th JANUARY, 2011. P.C.: 1. Heard the learned counsel for the applicant and learned APP. 2. The applicant was arrested by Mohol Police Station in C.R. NO. 57 of 2010 in case of rape under Section 376(g) of IPC. The offence is registered on the basis of report lodged by one Vikas Jadhav who claimed to be an eye witness. According to him, the present applicant and one more accused namely Sonu Kshirsagar had committed rape one after another on a mentally deranged woman. Two more witnesses also supported the statement of first informant Vikas Jadhav. The victim woman could not even disclose her 1 9. cr appln 4800-10.doc name or say anything about the incident because of her mental condition. Medical report does not show any sign of rape. The C.A. report also does not provide any corroboration. Investigation is completed and charge sheet is filed. The applicant is in custody since 7th June, 2010. In view of the circumstances, bail may be granted to the applicant. Hence, the following order: O R D E R 1. The applicant be released on his executing P.R. in the sum of Rs. 25,000/- with one or two sureties in the like amount with conditions that he shall not tamper with the prosecution evidence and shall attend Mohol Police station on every 1st and 3rd Sunday between 11.00 a.m. to 1.00 p.m. till end of the trial. 2. Application is disposed of. [ J.H. BHATIA, J ] 2 9. cr appln 4800-10.doc 3