/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLIATION NO.754 OF 2008 Amjadali Mohammad Muslim ...Applicant V/s. The State of Maharashtra ...Respondent Shri.R.D.Suryawanshi for Applicant. Shri.S.S. Pednekar APP for the State. CORAM : V.M. KANADE, J. DATED : 31st MARCH, 2008. P.C.:- 1. Heard learned counsel for the Applicant and learned APP for the State. 2. This is an application for bail, filed by the Applicant who was arrested on 7/11/2007 in connection with an offence punishable U/s.366A, 363, 376, 323 r/w 34 of IPC on a complaint lodged by Prosecutrix Shobha Rathod at Bhayander Police Station. It is case of the Prosecutrix that on 2/11/2007 she alongwith her friend Maya Kakde and / 2 / Rajkumar had gone to Malad. At Malad Station, they met with the Applicant and all of them went to the house of the Applicant. It is alleged that at 2.30 p.m. the Applicant committed rape on the Prosecutrix. A complaint was lodged after four days on 6/11/2007 and immediately on the next day the Applicant was arrested. Chargesheet has been filed on 31/01/2008. Perusal of medical certificate indicates that there were no injuries on the person of the Prosecutrix. Her hymen was found to be intact and opinion has been given that she was not habituated to sexual intercourse. It is also dispute regarding her age. Ossification test shows that her age is between 18 years to 20 years. Prosecution, however, has relied on the letter issued by the Principal of the School in which the Prosecutrix was studying. In my view, taking into consideration the medical certificate and the ossification test, Applicant is entitled to be released on bail. Chargesheet has already been filed. 3. In my view, therefore, the Applicant, be released on bail in the sum of Rs.10,000/- with one or two sureties in like amount. Applicant, however, shall not enter the jurisdiction of Bhayander Police Station. / 3 / Applicant shall not threaten the Prosecutrix or make any attempt to meet her. Applicant shall report to Malad Police Station once in a month. On these conditions, Applicant be released on bail in the aforesaid terms. . Application is disposed of accordingly. V.M. KANADE J.