1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3876 OF 2010 Amol Bapu Takale ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr R.P. Bhumkar, Advocate holding for Mr E.S. Murge for the applicant; Mr N.R. Shaikh, A.P.P. for the respondent. CORAM : P.V. HARDAS, J DATE : 25th October, 2010 PER COURT : The applicant, who is alleged to have committed rape on the prosecutrix aged about 60 years, seeks his release on bail in Crime No. 31/2010 registered by the Paranda police station, District Osmanabad under section 376 of the Indian Penal Code. 2. The first information report lodged by the prosecutrix clearly revealed an offence punishable under section 354 of the Indian Penal Code. Subsequently after about three days a supplementary statement of the prosecutrix came to be recorded wherein she had made allegations of rape against the present applicant. The medical examination report 2 also did not support the version of the prosecutrix that she had been ravished. The investigation has been completed and charge-sheet in the present offence has been filed. The apprehension of the prosecution that the applicant if released on bail is likely to threaten the prosecution witnesses stands allayed in the light of the statement made by the learned Counsel for the applicant that the applicant would reside at Pune and would enter Osmanabad and other Districts only for the purposes of attending the dates of the various criminal cases which are pending against the present applicant. Accepting the aforesaid statement of the learned Counsel for the applicant, according to me, a strong case is made out by the applicant for his release. 3. Accordingly, application is allowed and the applicant is directed to be released on bail on his executing a P.R. bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Trial Court, on the condition that the applicant shall not reside in the District where the offence is alleged to have been committed. The applicant, in addition shall neither attempt to tamper the prosecution evidence nor shall he attempt at influencing the prosecution witnesses. Application allowed accordingly. ( P.V. HARDAS, J.) amj/criap3876.10