*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2655/2009 Viky Karamsing Bahadur. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.Rahul i/b Mr.A.G.Waghole, Advocate for the Applicant. Mr.H.J.Dedhia, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 21st July, 2009. PC:- 1 This is an application for grant of regular bail. The Applicant/ Accused came to be arrested on 30.01.2009 on account of registration of Crime No.35/2009 on 28.01.2009 at Sangvi Police Station, District Pune under Sections 376, 366, 363, 324, 323, 341, 506 r/w 34 of the Indian Penal Code. The investigation is completed and the charge sheet has been filed. The Applicant is in custody for almost six months. The application moved by the Applicant having been rejected by the Sessions Court the present application is filed in this Court. 2 Perusal of the school leaving certificate clearly reveals that the prosecutrix on the date of commission of the offence had completed 16 years of age. The Applicant is aged about 23 years. 3 The complaint was lodged on 28.01.2009 by the prosecutrix wherein it is stated that the present Applicant resides *2* near the house of prosecutrix and he used to visit the house of prosecutrix and both were known to each other. On 23.01.2009 at about 6:15 pm in the evening the prosecutrix had gone for buying the vegetables where the Applicant met the prosecutrix. The Applicant had reached there on two wheeler and he forcibly compelled the prosecutrix to sit as a pillion rider and had taken her at far of place on Chaturshrangi road where two of them went to grocery shop. The prosecutrix informed the Applicant that she was having headache and the Applicant brought a pill from the medical store and offered it to the prosecutrix. According to the prosecutrix/ Complainant, after she consumed the pill, she felt geedy and was almost in a state of unconsciousness. She was made to sit on bike and she realized that some other person was also sitting behind her on the bike. Thereafter, she was taken to a room and that area was never seen by her before. It is stated that leaving the Complainant in the room, it was locked by the Accused from the outside and the accused did not turn up on that day. It is stated that on 24.01.2009 at about 1:00 pm, the Applicant/accused opened the lock and had committed forcible intercourse with the Complainant against her will and without her consent. She is stated to have resisted the Applicant, but he beat her by fist and wire. It is stated that he locked the prosecutrix again in the evening at 6:30 pm. He thereafter brought food for her and again locked the door and went away. It is stated that on 25.01.2009 at about 3:30 pm the Applicant/accused had come and at about 7:00 pm he carried the prosecutrix to Khadki Bazaar area and asked the complainant/ prosecutrix to return to her home, at that point of time, the complainant told him that her *3* parents would not accept her in the house and she demanded that the Applicant/ accused should marry her as he had promised her. The Applicant then informed that he was already married. It is then stated that the Applicant/ accused took her to another place and confining her in a room, beat her with wire till she fell unconscious and thereafter, she was taken to the hospital by the Applicant/ accused. The Complainant did not remember the name of hospital. It is then stated that on 25.01.2009 some lady from the hospital paid Rs.50/- to rickshaw rider and told him to reach the Complainant at her residence and thus, the Complainant reached her residence on 25.01.2009 at about 8:00 pm and she narrated the incident to her parents. 4 Her supplementary statement came to be recorded on 30.01.2009 wherein she has stated that her mental state was not fit enough on 28.01.2009 when she lodged the complaint, hence, she did not give proper information to the police about the place of occurrence of crime. In that supplementary statement for the first time she informed that from 23.01.2009 to 26.01.2009, she was kept in the basement of a building which is of three storeyed and in that place the accused had committed forcible intercourse. It is then stated that the Complainant was not admitted in the hospital by the accused but wrongly she had so stated in the complaint. It is also stated in the supplementary statement that on 28.01.2009 the Applicant/ accused sent the Complainant to her home. 5 There are many material contradictions in both the statements on the material aspects of the matter as is noticed prima facie. *4* 6 Be that as it may, as the investigation is completed and the charge sheet has been filed long back besides the fact that the Applicant / accused is in custody for almost six months, I deem it appropriate to direct release of the Applicant on bail. 7 The learned A.P.P. has pointed out that the Applicant is residing nearby the house of Complainant and thus, there is possibility of tampering of witnesses. Hence, it is suggested that the Applicant, if released on bail, should not be permitted to enter in the area where the prosecutrix is residing i.e. Sangvi Police Station, Pune. 8 In the result, I pass the following order:- (i) The Applicant shall be released on bail on executing P.R. Bond in a sum of Rs.25,000/- together with one or two sureties in the like amount. (ii) The Applicant shall not enter in the area of Sangvi Police Station, Pune till concluding of the trial. (iii) The Applicant shall intimate his new address to Sangvi Police Station and shall attend the nearest Police Station where he would be henceforth residing with intimation in that regard to the Sangvi Police Station. He shall attend the concerned Police Station once in a fortnight on Saturday in between 5:00 pm to 7:00 pm. (iv) The Applicant shall also abide by the conditions stipulated under Section 437(3) of the Code of Criminal Procedure. The Application is, accordingly, disposed of. (A.P. Deshpande, J)