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. 4408 OF 2008 CRIMINAL APPLICATION NO. 4408 OF 2008 CRIMINAL APPLICATION NO. 4408 OF 2008 Mr.Dnyaneshwar Shankar Gaikwad ...Applicant vs. The State of Maharashtra ...Respondent Mr.Y.Y. Salunkhe for the Applicant. Mr.D.P. Adsule, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 5, 2009 DATED : JANUARY 5, 2009 DATED : JANUARY 5, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP the State. 2. The applicant has been arrested for the offence punishable under Section 376 of the IPC. A complaint has been filed by one Aarti Ganesh Gaikwad that the applicant who is the brother of her husband had committed rape on her sometime in May 2008 and thereafter had outraged her modesty. She has also alleged that her father-in-law also outraged her modesty when she was alone in the house and thereafter, she went to her parents house and lodged a complaint against the applicant and other members of her husband’s family - 2 - after about 14 days after she was taken to the house of her parents. 3. The learned Counsel for the applicant submits that there is a gross delay in filing the present complaint and the allegations have been made by the complainant practically against all the members of her husband’s family. He submitted that the charge-sheet does not mention any injury caused to the complainant after the alleged rape by the applicant. The medical certificate has not been annexed to the charge-sheet. 4. All other accused have been granted bail by the trial court. In my view, taking into consideration the fact that there is delay of almost 17 days in filing the present complaint and the complainant has made allegations against him and the members of her husband’s family, prima facie case is made out by the applicant for grant of bail. The prosecutrix is residing with her parents. 5. Under these circumstances, the applicant be - 3 - released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to Shikrapur Police station once in a week. 6. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)