abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3827 OF 2007 Ashok Jagannath Pawar .. Applicant V/s State of Maharashtra .. Respondent Mr.Sunil Pandey i/b Mr.P.R. Yadav for the applicant. Mr.Rajesh More, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 17TH JANUARY 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the applicant and the learned A.P.P. for the State. 2. The applicant is in custody since 25th June 2007 in connection with an alleged offence punishable under section 376 read with 34 of the Indian Penal Code. 3. The victim is daughter of the sister of the applicant’s wife. It is alleged that the applicant in connivance with his wife Sangeeta, who is arrayed as accused no.2, sexually assaulted the victim. He is - 2 - alleged to have had sexual intercourse with her at least on two occasions. The victim was sent for medical examination in a government hospital. The medical report shows no semens found, labia majora and minora healthy and hymen was intact. There was no redness or tenderness. On the basis of the medical examination, the doctor opined that there was no sign of forceful sexual intercourse. Prima facie, the medical evidence does not show any sexual assault or intercourse. 4. Perusal of the complaint itself shows that there was a dispute between mother of the victim, i.e. sister of applicant’s wife, and the applicant. The applicant and his wife had not vacated the room which was given for their temporary occupation by the mother of the victim. Learned counsel for the applicant submits that the applicant and his wife have been falsely implicated into the false charge on account of the said dispute. 5. Taking into consideration the nature of the evidence and also the fact that the applicant is in jail for more than 6 months and trial is not likely to commence soon, the applicant is entitled to bail. Hence, I pass the following order:- ORDER ORDER ORDER - 3 - The applicant shall be released on bail on executing personal bond of Rs.30,000/- with two sureties of Rs.15,000/- each in connection with C.R. No.212/2007 registered with Vartak Nagar Police Station, subject to the following conditions:- (a) The applicant shall not make any inducement nor give any threats to any of the prosecution witnesses and shall not in any manner tamper with the prosecution evidence. (b) The applicant shall report to the concerned police station once a month between 1st and 5th of every British calendar month. (D.G. KARNIK, J.)