1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.3374 of 2008 (Shri Bhiva Nattuji Dharamsare v. State of Maharashtra, through P.S. Lakhani, Bhandara) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri P.D. Randive, Advocate for Applicant. Shri S.S. Doifode, APP for Non-Applicant. CORAM : R.C. Chavan, J. DATE : 6th October, 2008 Heard the learned counsel for the applicant, and the learned Additional Public Prosecutor for the non-applicant. This is an application for anticipatory bail by a person accused of having raped a mentally retarded victim. The complaint in respect of rape came to be filed only after seven-month-old pregnancy was detected. The learned Additional Public Prosecutor has filed a reply seriously opposing the prayer for bail. He has also produced for my perusal the medical reports, which show that the victim has a poor intellect and, therefore, could not go to school, that she can do simple work as also complex kitchen work on her own, and that she judges well when the guests 2 come to her house, but new activity requires guidance. In this context, considering that the incident of sexual assault is seven-months-old, it is not clear as to what object would be achieved by subjecting the applicant to custodial interrogation. The learned counsel for the applicant states that his client is ready to undergo DNA test as also DNA finger-printing of the child. In view of this, the following order is passed : In the event of arrest, the applicant be released on bail of PR bond of Rs.25,000/- with a solvent surety in the like amount on the conditions that the applicant shall appear before the Investigating Officer on 12-10-2008 at 10 a.m. and thereafter as and when required by the Investigating Officer, that he shall not tamper with the witnesses or evidence and co-operate with the investigation, and that he shall deposit with the Investigating Officer such sums as are necessary for DNA test as also DNA finger-printing of the child at the time when he appears before the Investigating Officer on 12-10-2008 or latest by 19-10-2008; failing which the Investigating Officer would be entitled to have the applicant subjected to custodial interrogation, including DNA test and DNA finger-printing at the cost of the State. JUDGE Lanjewar