IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.853/2008 Jagdish Ambadkar ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE:14.3.2008 Heard Mr. Kasat advocate for applicant and Mr. Yengal, A.P.P. for state. Interim order was passed on 3.3.2008. Applicant has filed affidavit saying that there was no physical relationship between the prosecutrix and him. Learned APP has pointed out from the statement of one Dr. Sau. Manjusha Boke, Medical Practitioner that, Ku. Kavita Jagannath Aujekar- prosecutrix had undergone abortion. It is also stated that her maternal aunt was refusing to sign for abortion saying that she had became pregnant from Jagdish Ambadkar i.e. present applicant. It is also stated by her that she had asked Jagdish Ambadkar about the pregnancy, who told that she had conceived from him and they were to marry after four months. This abortion appears to be of February 2004. Even after four months of the said abortion, she did not lodge any report to the police station, despite there was no marriage between the prosecutrix and applicant for a considerably long time and the report came to be lodged when the applicant was to perform marriage on 4.3.2008. Therefore, without expressing any opinion on merits of the case, it has to be held that the applicant would be entitled for anticipatory bail. Hence the order dated 3.3.2008 is confirmed. In the event of arrest of the applicant, for the offences under section 417 and 376 of I.P.C. in Crime No.46/08 of P.S. Frezarpura, Amravati, he be released on bail on furnishing surety and PRB of Rs.25000/- subject to conditions that he shall make himself available for the purposes of investigation as and when directed by the I.O. and shall not directly or indirectly tamper with the prosecution evidence. Application stands disposed of. It is made clear that the above observations are in prima facie view of the matter and should not influence the trial court, while deciding the matter on merit. JUDGE smp.