1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2258 OF 2009 Popat @ Milind Chandrabhan Gore Versus The State of Maharashtra and another. *** Mr. R. A. Tambe, Advocate for the Applicant. Mr. P.M.Shinde, A.P.P. for the Respondent/ State. *** 1. In an unfortunate incident, the victim alleged that she had been gang raped by the accused/ applicant Popat and his accomplice Babasaheb. The initial F.I.R. disclosed infraction of section 354, 323, 506 read with 34 of Indian Penal Code, giving rise to Crime I-83 of 2009 at Newasa Police Station. However, it was a subsequent affidavit filed before the Tahsildar by the victim, she has implicated the accused with the serious allegations of committing rape on her and sexual abusing her, giving rise to offence under section 376 (2) (g) of Indian Penal Code. The contention of the accused Popat that there is false implications or belated F.I.R. by itself will not be a ground at the stage to entertain bail in the event of arrest. The parameters conceived under section 438 of Criminal Procedure Code, indicated herein below, cannot be obliterated to 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. exercise the discretion for grant of bail to the accused apprehending arrest. "438. Direction for grant of bail to person apprehending arrest. - (1) Where any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be released on bail, and that Court may, after taking into consideration, inter alia, the following factors, namely:- (i) the nature and gravity or seriousness of the accusation as apprehended by the applicant; (ii) the antecedents of the applicant including the fact as to whether he has, on conviction by a Court, previously undergone imprisonment for a term in respect of any cognizable offence; (iii) the like object of the accusation to humiliate or malign the reputation of the 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. applicant by having him so arrested; and (iv) the possibility of the applicant, if granted anticipatory bail, fleeing from justice, either reject the application forthwith or issue an interim order for the grant of anticipatory bail:" 2. In the situation, the application is rejected. 3. The interim protection is extended till 30th July, 2009. [K. U. CHANDIWAL, J.] Dated:23/07/2009. ans/2258