1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR CRI.APPLN.NO. 3437 OF 2008. (KAILASH JAISINGH CHAVAN v. STATE OF MAHARASHTRA) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri Manoj Kariya, Advocate for Applicant. Shri D.P. Thakare, A.P.P. for Respondent/ State. CORAM : R.C. CHAVAN, J. DATED : OCTOBER, 2008. 1. This is an application for bail under Section 438 of the Code of Criminal Procedure by the applicant who apprehends arrest for the offence punishable under Sections 376 of the Indian Penal Code. 2. Heard learned counsel for the applicant and learned A.P.P. for State. 3. The applicant is alleged to have had forcible sexual intercourse with the prosecutrix when she was alone at her house, under the promise of marriage but he then backed out. This is why the prosecutrix gave report to the police. The learned counsel for the applicant states that the applicant is ready to undergo D.N.A. finger printing and also bear the cost of such investigation, since, according to him, false allegation has been made against him to force him to marry. He assures that 2 he will cooperate with the investigating machineries. 4. In view of this, in the event of arrest, the applicant be released on P.R. of Rs.Ten Thousand with solvent surety in the like amount on the following conditions : i) The applicant shall report at Police Station, Mahuli Janhagir, District : Amravati on 6th October, 2008 at about 10.00 a.m. ; ii) He shall cooperate with the Investigating Officer and shall not leave the jurisdiction of Police Station, Mahuli Janhagir without prior intimation to the Police Officer; iii) He shall deposit with the Investigating Officer such sum as may be required for subjecting him and the prosecutrix to D.N.A. finger printing within a week of the demand, failing which the Investigating Officer would be at liberty to ignore this order, arrest the applicant and carryout D.N.A. finger prints at the State's cost. 5. Hamdast allowed. JUDGE RR