1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5053 OF 2009 Birbal alias Pralahad .... Applicant. V/s The State of Maharashtra ..... Respondent. Mr. Balasaheb Deshmukh for the applicant. Mrs. S.D. Shinde, APP for the State. CORAM: V.M. KANADE, J. DATE : 2ND DECEMBER, 2009 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under sections 376 and 506 of the Indian Penal Code which is registered with Dhebewadi Police Station vide C.R. No.20 of 2009. 3. A complaint is filed in 2009 in which the prosecutrix alleged that one year prior to the date of filing of the complaint, 2 the present applicant and two others used to commit rape on the prosecutrix on various dates and at various times. 4. The learned Counsel appearing on behalf of the applicant submits that other co-accused has been released on bail by this Court by order dated 25 th November, 2009 passed in Criminal Application No.4205 of 2009. 5. Prosecution case is that after the prosecutrix got married in February, 2009, within two/three months her husband noticed that she was pregnant and, therefore, he made complaint to the parents of the prosecutrix and, at that time, prosecutrix informed her parents that the present applicant and two others used to commit rape on her at different times. 6. Since charge-sheet is filed and there is also gross delay in filing the complaint, applicant deserves to be released on bail. However, since the prosecutrix is residing in the same village, it would be appropriate that some conditions are imposed upon the applicant. 7. Applicant be released on bail in C.R. No.20 of 2009 3 registered at Dhebewadi Police Station in the sum of Rs 5000/- with one or two sureties in the like amount. He shall not enter the Village Chavanvadi (Dhamani), Taluka Patan, District Satara till the disposal of the criminal case. He shall give his new residential address to the Superintendent of Jail before his release from the jail and shall report to the nearest Police Station from his new residence once in a month. (V.M. KANADE, J.)