IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 311 OF 2008 CRIMINAL APPLICATION NO. 311 OF 2008 CRIMINAL APPLICATION NO. 311 OF 2008 Rashid Bashir Mogal ...Applicant V/s. The State of Maharashtra ...Respondent Mr.V.V. Purwant for the Applicant. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J CORAM : V.M. KANADE, J CORAM : V.M. KANADE, J. DATED : APRIL 1, 2008 DATED : APRIL 1, 2008 DATED : APRIL 1, 2008 P.C. :- P.C. :- P.C. :- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. The applicant was arrested in connection with an offence which was registered at Sangola Police Station for the offences punishable under Section 376, 352, 506 of IPC. 3. It is alleged that on 26th October, 2007, the applicant committed rape on the prosecutrix at night. 4. The learned Counsel for the applicant submits that the applicant and the prosecutrix were having a love affair which can be seen from the love letters annexed at Exhibit-B written by the applicant and the prosecutrix to each other. He submits that the medical evidence does not support the case of the prosecution. - 2 - He submits that the applicant is in jail since last six months and the charge-sheet has been filed. 5. The learned APP for the State, on the other hand, submits that the trial has already began and the prosecutrix was minor when the offence took place. 6. In the present case, the medical evidence discloses that the age of the girl was between 15 to 17 years. There are no injuries on her private part. The applicant was the neighbour of the prosecutrix. Taking into consideration the facts and circumstances of the case and the fact that there is nothing on record to show that the girl was below 15-16 years of age, in my view, the applicant is entitled to be released on bail subject to certain conditions being imposed on the applicant by this Court :- a) The applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. b) The applicant shall not enter the jurisdiction of Sangola Police Station. c) The applicant shall not threaten the - 3 - prosecution witnesses and the prosecutrix. The applicant shall not make an attempt to contact her. d) The applicant shall reside outside Sangola Police Station and shall give his new address to the Jail Superintendent before his release and he shall report to the nearest police station from his residence. 7. Application is disposed of in the above terms. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)