- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 224 OF 2008 Prakash Y. Kadam Applicant vs. State of Maharashtra Respondent Mr. Vikas Shivarkar i/b Sachin Thomare, Advocate for the applicant. Mr.D. P. Adsule, APP for the respondent. CORAM : D. G. KARNIK, J. DATE : MARCH 17, 2008. PC 1. The applicant has been arrested in connection with C. R. No. 113 of 2007 registered with Bharti Vidyapeeth Police Station Pune in connection with the alleged offence punishable under section 376 and 506(2) of the Indian Penal Code. 2. The prosecution case in short is that applicant was known to the prosecutrix as well as her husband. On 11th September 2007 he came to the house of the prosecutrix and met the husband of the prosecutrix and went out along with - 2 - him at about 9.30 a.m. He returned at 12.30 noon and bolted the door from inside and raped the prosecutrix, threatening her with a knife. On return of her husband, she complained to the husband who went to the house of the applicant who ran away. The FIR was lodged on 17th September 2007. 3. There is gross delay in lodging of FIR. The alleged rape was committed on 11th September 2007 and the FIR has been lodged after six days i.e. on 17th September 2007. Explanation given for the delay that the husband of the prosecutrix had gone to the house of applicant who ran away but his brother promised to bring him, is not satisfactory. Though medical examination of the prosecutrix was carried out, it was inconclusive as the prosecutrix being a married woman was habituated to sexual intercourse, and the alleged rape had happened before six days. There is no other evidence except the alleved recovery of knife used for threatening, supporting the case of the prosecution. The applicant is in jail since 18th September 2007 i.e. for six months. Trial is not likely to commence soon. Taking into consideration the nature of material on record and the delay in lodging FIR and that the trial is not likely to commence in near future, in my view the applicant is entitled to bail. Hence, I pass the following order. - 3 - _O_R_D_E_R_ . Applicant be released on bail, on furnishing personal bond of Rs.15,000/- with one or two sureties, of Rs.15,000/- each subject to the condition that he shall report to the concerned police station once a month, between 1st and 5th day of British calender month, and shall not change his place of residence without prior intimation to the police. . It is clarified that all observations herein are prima-facie and the Session Court, at the time of trial, shall not be influenced in any manner by any of them. Sd/- [ D. G. KARNIK, J.]