1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1586 OF 2010 Mr. Arif Hussain Sajjad Hussain. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.M.K.Kocharekar for the Applicant. Shri. A.S.Gadkari, APP. For the State. CORAM : R.S. MOHITE, J. DATE : 27th April, 2010 PC : 1 This is an application for grant of bail. The applicant is shown as an accused in CR No.307 of 2009 registered by Malad Police Station for the alleged offences punishable under Section 504, 506, 376 of the I.P.C. The incident took place on 24.7.2009. The prosecutrix is married lady aged 32 years. She is an educated lady. On reading her complaint it appears that she has been chatting on internet with one person by name John. She has exchanged mobile numbers with the said person. One day prior to the incident, John telephoned her and 2 told her that he is coming to Bombay and called her in hotel situated at Malad. She left her place of work and went to hotel when said John was in the lobby of hotel premises. Then she went to his room. It is then her contention that she was raped by the applicant and she learnt that the applicant was muslim by name Arif Hussain. The complainant went to the police station and lodged complaint at 9.00p.m. But her crime has been actually registered on 25.7.2009. The medical report is negative. No injuries are found on her body. A swab was taken and no semen has been detected in the swab. In short, medical evidence does not support her story. In this background, there is a possibility of consent and there is possibility that offence may come down to Section 376 read with 511 or even 354 of the I.P.C. The conduct of the married lady in question in going to meet an unknown person in a hotel is not commendable. In the circumstances, I am inclined to grant bail to the applicant. The learned APP states that since the the applicant is 3 not a resident of Mumbai and is a resident of Udaipur, some stringent conditions may be imposed. It is therefore, directed that pending his trial in pursuance of C.R.No.307/2009 registered by Malad Police Station, the applicant will be released on bail in the sum of Rs.25,000/- with one surety in the like amount from Maharashtra State subject to the condition that he will report to the Investigating officer once in a fortnight on every first and third Monday between 11-AM to 5-00PM till the disposal of the trial. Bail is also granted on the condition that he will not tamper with prosecution witnesses and will remain present on all the dates of the trial, unless exempted. Application is disposed off. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)