{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2027 OF 2010 Sagar Pappu Avasrkar Age-25 years, Occ-Business R/o Ausarkar Mala Burudgaon Road, Ahmednagar APPLICANT VERSUS The State of Maharashtra Through Kotwali police Station, Ahmednagar RESPONDENT ....... Mr. S.V.Sudrik, Advocate for the applicant Mr. S.G.Nandedkar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 16 th June 2010 PER COURT: 1. By the present criminal application, the applicant has prayed to release him on bail in connection with CR No.71/2010 registered with Kotwali police station, Ahmednagar for an offence punishable u/s 376, 452, 506 of the Indian Penal Code, as the applicant is arrested on 28th February 2010 and since then he is in jail. It is informed that in the present case, after completion of the investigation, charge sheet has been field before the JMFC, {2} Ahmednagar on 23rd April 2010 and after passing the necessary committal order, the trial has been committed to the Court of Sessions, Ahmednagar. 2. Heard learned counsel for the applicant followed by learned APP. Perused the papers of investigation. 3. It appears that the said offence is registered on the complaint of one Kamal Thorve in respect of the alleged incident, which has occurred on 17th February 2010. It is alleged that when her husband had left for Pune, the applicant, who is son of the owner of the premises where the complainant resides, forcibly entered in her house and sexually ravished her. It is further alleged that the complainant was threatened not to disclose the said incident to anybody and hence she could not report the police for a considerable time. It appears from the allegations in the complaint that on 25th February 2010, when the husband of the complainant suspected due to certain acts of the applicant, he thoroughly inquired with the complainant and then she has disclosed the incident of 17th February to her husband, who in turn informed his brother who is residing in a room adjacent to the house of the complainant. Thereafter, the offence came to be registered on 27th February and the applicant came to be arrested on the next day. 4. Perusal of the papers of investigation disclose that after arrest the applicant as well as the complainant are medically {3} examined, however considering the long gap between the incident and lodging of the complaint, it is not expected that any medical evidence could be available. It is to be noted that though it is alleged that under the threats she did not disclose the incident to anybody for 10 days yet the fact remains that the incident has occurred in presence of the minor son of the prosecutorix, aged about 6 years, however during the investigation his statement is not recorded. Considering this lacuna, case is made out to enlarge the applicant on bail, however on certain conditions. 5. In the result, the application is allowed. The applicant be released on bail in connection with CR No.71/2010 registered with Kotwali police station, Ahmednagar on his furnishing solvent surety in the sum of Rs.20,000/- and on executing the PR bond in the like amount. The applicant is directed not to enter in Solapurwadi, Ashti village, where the present complainant, her husband so also the witnesses reside. The applicant is directed not to contact or tamper with the prosecution witnesses. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/B10/criapln2027-10