(1) CRI.APP. 4350.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4350 OF 2010 1. Vasant S/o Balu Sonawane (Bhil) Age : 20 years, Occu.: Labour 2. Ashok @ Bapu S/o Babulal Bhil, Age : 28 years, Occu.: Labour, Both R/o Shirsode, Tq. Parola Dist. Jalgaon .. Applicants VERSUS The State of Maharashtra (Copy to be served on P.P. in the High Court of Judicature of Bombay Bench at Aurangabad) .. Respondent ... Mr. C.R. Deshpande, Advocate for the Applicants Mr. D.V. Tele, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 23RD NOVEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The applicants are arrested in connection with crime no. 179 of 2010 registered at Parola Police Station on basis of FIR as a result of reference of complaint made by the prosecutrix to the J.M.(F.C.), Parola. (2) CRI.APP. 4350.2010 3. Having heard learned Advocate for the applicants and learned A.P.P. and on perusal of the investigation papers, it is explicit that though the alleged incident of rape is said to have occurred in the night of 18.5.2010, while the prosecutrix was in slumber in the courtyard of the house, the private complaint Application was filed on 15.6.2010. There appears discrepancy in the narration of the prosecutrix and her parents about the first disclosure made by her regarding the act of the applicant no.1. It is alleged that she was under spell of threat. However, the prosecutrix could have explained as to how for more than three weeks she had suffered such fear of threats. The medico-legal certificate shows that the prosecutrix is aged between 15-18 years. It also appears from the medico-legal certificate that the secondary sex characteristics of the prosecutrix were well developed. In other words, she had attained womanhood and was young, aged more than 16 years at the relevant time. The medico-legal certificate however, shows that the vagina admitted two fingers (3) CRI.APP. 4350.2010 with ease. There was no trace of any injury to her private part. Considering these aspects, the prosecution story regarding forcible sexual intercourse committed by the applicant no.1 is rather improbable and as such, the bail Application deserves to be allowed. 4. In the result, the Application is allowed. The applicants are directed to be released on bail on furnishing of bail bonds in sum of Rs.25,000/- (Rs. Twenty Five Thousand) each with one solvent surety bond each in the like sum to the satisfaction of the Court of Sessions and on further condition that they shall not enter limits of Parola taluka during pendency of the Sessions Case and shall not contact any of the prosecution witness and shall make no attempt to tamper with the evidence of the prosecution. They shall submit an undertaking to such effect, giving assurance to abide themselves by the above conditions, while furnishing bail bonds in the Court of Sessions. Sd/- [V. R. KINGAONKAR, J.] arp