IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 668/2007 Uttam Kisan Kamble vs. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : S.R.DONGAONKAR, J DATED : 4 th APRIL, 2008. Heard Shri P.S.Patil, Advocate, for the applicant and Smt. S.S.Wandile, A.P.P. for respondent State. The application for grant of bail is filed by the applicant under Section 439 of Cr.P.C. The applicant is prosecuted for the offence under Section 376 of I.P.C. and some other offences. It is the allegation of the prosecution that the applicant had committed rape on the prosecutrix in her house, and she had consented for intercourse feeling that it was by her husband. Learned counsel for the applicant has contended that the story of the prosecution on the face of it is not trustworthy. He has also pressed in the alternative the theory of consent at the instance of prosecutrix. On perusal of the case diary, it does appear that there are allegations against the present applicant the applicant has committed some indecent activities against some other women. The theory of consent as propounded by the learned counsel for the applicant is not acceptable considering the statement of the prosecutrix at this stage. As the case of the applicant is now pending for trial, it would be necessary to direct the learned trial Judge to expeditiously dispose of the trial of the applicant. In the above circumstances, this application cannot be granted at this stage. However, applicant would be at liberty to move for bail again if the trial does not commence within a period of three months from today. Hence, this application is rejected with this liberty. Inform the trial Court to expedite the matter. It is made clear that the above observations are in prima facie view of the matter and the same shall not influence the trial Judge in any way while deciding the matter on merits. Application stands disposed of. JUDGE Rvj.