1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2254 OF 2010 Suresh S/o.Bhavrao Wagh, Age-48 years, Occu-Labour, R/o.Lower Town, Budhawada, Shirpur, Tal.Shirpur, Dist. Dhule. APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.Amol Shinde, h/f. Mr.P.R.Katneshwarkar, learned counsel for applicant. Mr.P.P.More, learned APP for State CORAM : A.V.POTDAR, J. DATE : 13/07/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.33/2010, registered in Shripur Police Station, in which the applicant came to be arrested on 29/01/2010. After completion of investigation, charge sheet was filed in the Court of J.M.F.C.Shirpur on 05/05/2010. 2. Heard learned counsel for applicant, learned APP for State. 2 Perused the papers of investigation till carried out. 3. Before considering the submissions across the bar, it is to be noted that the age of the present applicant is 48 years. The age of his associate is 30 years, while the age of the victim is 10 years. It is informed that the present applicant is a married person and having daughters. 4. Papers of investigation discloses that the said offence came to be registered on the complaint of mother of the victim on 29/01/2010, about the incident occurred in the afternoon of 28/01/2010. According to the complainant, she had left the residence on 28/01/2010, as she is working as a labourer alongwith her husband. Around 4.00 noon, when she returned, she was informed by the victim that at 12.30 in the noon, the applicant and one Ramesh came there. The victim was tempted as the applicant offered biscuits to her. Under that pretext, she was taken by the applicant at his residence, and was sexually ravished by the applicant and his associate Ramesh alternately. Then the victim was threatened not to disclose the incident to anybody. Then the parents 3 of the victim alongwith her had been to the house of present applicant to inquire about the incident. At that time, the applicant and Ramesh threatened them not to lodge the complaint against them. Considering the poor health condition of victim, the mother of the victim took her to Shirpur Police Station, from where she was referred for medical examination. Papers of medical examination of the victim clearly indicates that she was sexually ravished. After arrest of applicant, he was also referred for medical examination. His medical examination report also demonstrates marks of violence on his person. 5. In this scenario, it is urged across the bar on behalf of applicant that as there is dispute between the parents of victim with the present applicant on account of some monetary transaction, the applicant is falsely implicated in the present case. It is also tried to urge across the bar that there is delay of more than 24 hours in lodging the complaint. This Court is not in agreement with these submissions as the marks of violence are noticed in the medical examination report of applicant as well as victim, and the marks of violence on the person of applicant were noticed even after he had 4 taken bath. Considering the heinous nature of crime, if the applicant is released on bail, there is every likelihood that he may tamper with the evidence of prosecution. Considering this aspect, application is sans any merit, hence rejected. Applicant is at liberty to apply before the lower court for expeditious hearing. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri-appl-2254-10