(1) CRI. APLN. 4656.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4656 OF 2010 Asifkhan S/o Rahemankhan Pathan Age : 30 years, Occu.: Labour, R/o. Naththu Nagar, Shirpur, Dist. : Dhule APPLICANT (Orig. Accused) VERSUS The State of Maharashtra Through P.S.I. City Police Station, Chopda, Dist. Jalgaon RESPONDENT ..... Mr. P.B. Patil, Advocate for the Applicant. Mr. N.H. Borade, A.P.P. for the respondent/State. ..... CORAM : V.R. KINGAONKAR, J. DATED : 3RD DECEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The applicant is arrested in connection with crime no. 121 of 2010 registered for offence under section 376 of the Indian Penal Code. 3. Heard learned Advocate for the applicant and learned A.P.P. Perused the investigation papers and the F.I.R. in particular. (2) CRI. APLN. 4656.2010 4. The recitals of the F.I.R. Prima facie purport to show that the prosecutrix was allured by the applicant under the pretext that he was interested in giving her helping hand during the bad times. He used to financially support her. Allegedly, he had taken her to a lodge at Chopda and assured her that he will provide her due support for the life. He committed sexual intercourse with her. It appears prima facie that the prosecutrix is a married woman. She alleges that her marriage was performed about 14 years prior to the alleged incident. She alleged that her husband gave divorce to her and thereafter she was residing with her father. It appears prima facie that the prosecutrix and her father are dealing in the scrap business. It further appears that there were money transactions between her father and the applicant. The story regarding the allurement of the prosecutrix is prima facie un-corroborated by any other tangible material. 5. Considering the relevant aspects of the matter, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail (3) CRI. APLN. 4656.2010 bonds in sum of Rs.20,000/- (Rs. Twenty Thousand) with solvent surety bond in the like sum to the satisfaction of the Court of Sessions. Sd/- [V. R. KINGAONKAR, J.] arp