1 cri.appln 4963-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4963 OF 2010 Smt.Prema Prakash Pushpala ...Applicant vs. State of Maharashtra & Anr. ...Respondent Shri R.S. Deshpande for the Applicant. Smt.P.P. Bhosale, APP for the Respondent-State. CORAM : J.H. BHATIA, J. DATED : DECEMBER 7, 2010 P.C. :- 1 Heard the learned Counsel for the applicant and the learned APP for the State. None appears for respondent no.2. 2 The respondent no.2-accused is brother of the applicant s husband. The applicant s husband left India and appears to have settled somewhere in US since 1993. She lodged a report on 9th February, 2 cri.appln 4963-2010 2009 alleging that the respondent no.2 had cheated her and had committed rape on her. The respondent no.2 apprehending arrest in Crime No.46/2009 had filed Criminal Application No.1590/2009 before this Court for anticipatory bail. After considering the facts and circumstances, this Court by order dated 4th April, 2009 granted anticipatory bail to the respondent no.2. That order is sought to be cancelled by this application filed on 27th October, 2010. 3 Firstly, this application for cancellation of anticipatory bail is filed more than six months after the anticipatory bail was granted. The Court while granting anticipatory bail had noted that on 18th December, 2008, the present applicant had filed the complaint which was treated as non-cognisable offence. After that, on 30th January, 2009, the respondent no.2 had filed a suit in the City Civil Court in respect of the flat against the husband of the complainant i.e. the present applicant. After 3 cri.appln 4963-2010 that, the husband of the complainant purchased another residential house and vacated the disputed premises. After that, on 9th February, 2009, the present applicant approached the police with allegation of rape between 15th and 17th December, 2008. 4 The learned Counsel for the applicant contends that the police had wrongly registered NC complaint on the report lodged by her on 18th December. According to him, in view of the refusal of the registration of the offence by the police, the applicant had submitted a detailed report on 27th December, 2008 to the DCP, ACP and Senior Inspector of Police of Vakola Police Station giving the details of cheating and the rape on her. 5 On perusal of that complaint, it appears that since 1994, the present applicant had sexual relations with respondent no.2. According to her, the respondent had promised to keep her happy. After 4 cri.appln 4963-2010 going through the application, prima facie, it is difficult to come to the conclusion that she was raped. Taking into consideration the facts and circumstances, I see no reason to cancel the anticipatory bail granted by this Court earlier. 6 Application stands rejected. (J.H. BHATIA, J.)