1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION APPLICATION APPLICATION NO.2735 OF 2007 NO.2735 OF 2007 NO.2735 OF 2007 Babaji Babaji Babaji Maruti Patekar Maruti Patekar Maruti Patekar ...... Applicant Applicant Applicant vs vs vs The The The State of Maharashtra .. State of Maharashtra .. State of Maharashtra .. Respondent Respondent Respondent Mr.K.S.Patil Mr.K.S.Patil Mr.K.S.Patil for Applicant for Applicant for Applicant Mr.Rajesh Mr.Rajesh Mr.Rajesh More A.P.P. for Respondent More A.P.P. for Respondent More A.P.P. for Respondent CORAM CORAM CORAM : : : V.C.DAGA, J V.C.DAGA, J V.C.DAGA, J DATED DATED DATED : : : 31ST AUGUST, 2007 31ST AUGUST, 2007 31ST AUGUST, 2007 P.C. P.C. P.C. 1.1.1. Heard learned counsel for the applicant and Heard learned counsel for the applicant and Heard learned counsel for the applicant and the the the learned A.P.P. learned A.P.P. learned A.P.P. 2.2.2. The applicant is seeking bail in Crime The applicant is seeking bail in Crime The applicant is seeking bail in Crime No.92/2006 No.92/2006 No.92/2006 registered registered registered at Khopoli police station for at Khopoli police station for at Khopoli police station for offences offences offences under sections 376, 506 IPC. From the under sections 376, 506 IPC. From the under sections 376, 506 IPC. From the FIR, FIR, FIR, it is clear that the applicant was a guest it is clear that the applicant was a guest it is clear that the applicant was a guest staying staying staying in the family of the prosecutrix. He was in the family of the prosecutrix. He was in the family of the prosecutrix. He was sleeping sleeping sleeping in the house next to her father on one in the house next to her father on one in the house next to her father on one side side side and on the other side of her father and on the other side of her father and on the other side of her father prosecutrix prosecutrix prosecutrix was sleeping. In other words, all was sleeping. In other words, all was sleeping. In other words, all these these these persons were sleeping in one room next to persons were sleeping in one room next to persons were sleeping in one room next to each each each other. Prosecutrix claims to have been other. Prosecutrix claims to have been other. Prosecutrix claims to have been threatened threatened threatened by the applicant when her father was by the applicant when her father was by the applicant when her father was sleeping sleeping sleeping next to her. In this view of the next to her. In this view of the next to her. In this view of the situation, situation, situation, there is remote possibility of the there is remote possibility of the there is remote possibility of the present present present applicant committing the offence alleged. applicant committing the offence alleged. applicant committing the offence alleged. Situation Situation Situation described clearly throws a shadow of described clearly throws a shadow of described clearly throws a shadow of doubt doubt doubt and strong suspicion about the genuineness of and strong suspicion about the genuineness of and strong suspicion about the genuineness of the the the complaint. complaint. complaint. 2 3.3.3. In the aforesaid view of the matter, I am In the aforesaid view of the matter, I am In the aforesaid view of the matter, I am inclined inclined inclined to grant to the applicant in the sum of to grant to the applicant in the sum of to grant to the applicant in the sum of Rs.25,000/- Rs.25,000/- Rs.25,000/- on the following conditions. on the following conditions. on the following conditions. (a) (a) (a) The applicant arrested in connection The applicant arrested in connection The applicant arrested in connection with with with C.R.No.92/2006 registered with the C.R.No.92/2006 registered with the C.R.No.92/2006 registered with the Khopoli Khopoli Khopoli police station shall be enlarged on police station shall be enlarged on police station shall be enlarged on bail bail bail in the sum of Rs.25,000/- with one or in the sum of Rs.25,000/- with one or in the sum of Rs.25,000/- with one or two two two local sureties to make up the said local sureties to make up the said local sureties to make up the said amount. amount. amount. (b) (b) (b) The applicant shall report to Khopoli The applicant shall report to Khopoli The applicant shall report to Khopoli police police police station station station once in a week i.e. on every once in a week i.e. on every once in a week i.e. on every Monday Monday Monday between 3.00 to 5.00p.m. till between 3.00 to 5.00p.m. till between 3.00 to 5.00p.m. till conclusion conclusion conclusion of of of the trial. the trial. the trial. (c) (c) (c) The order of bail will be given effect The order of bail will be given effect The order of bail will be given effect only only only after the applicant furnishes to the after the applicant furnishes to the after the applicant furnishes to the investigating investigating investigating officer the details about his officer the details about his officer the details about his place place place of residence and address where he of residence and address where he of residence and address where he proposes proposes proposes to stay after he is enlarged on to stay after he is enlarged on to stay after he is enlarged on bail. bail. bail. The applicant will not change his The applicant will not change his The applicant will not change his residential residential residential address thereafter till the address thereafter till the address thereafter till the conclusion conclusion conclusion of trial without prior intimation of trial without prior intimation of trial without prior intimation toto to the investigating officer. the investigating officer. the investigating officer. (d) (d) (d) The applicant shall not directly or The applicant shall not directly or The applicant shall not directly or indirectly indirectly indirectly make any inducement or threat or make any inducement or threat or make any inducement or threat or pressurise pressurise pressurise any prosecution witnesses and any prosecution witnesses and any prosecution witnesses and shall shall shall not in any manner tamper with the not in any manner tamper with the not in any manner tamper with the prosecution prosecution prosecution evidence. evidence. evidence. (e) (e) (e) The applicant shall co-operate with the The applicant shall co-operate with the The applicant shall co-operate with the investigating investigating investigating agency for disposal of the agency for disposal of the agency for disposal of the case. case. case. It is needless to mention that breach It is needless to mention that breach It is needless to mention that breach of of of any of the conditions by the applicant any of the conditions by the applicant any of the conditions by the applicant shall shall shall result in cancellation of bail. result in cancellation of bail. result in cancellation of bail. (f) (f) (f) Any observations made in this order Any observations made in this order Any observations made in this order shall shall shall not be construed as finding or not be construed as finding or not be construed as finding or expression expression expression on merits of the case at the time on merits of the case at the time on merits of the case at the time of of of trial. trial. trial. Application Application Application stands disposed of accordingly. stands disposed of accordingly. stands disposed of accordingly. JUDGE JUDGE JUDGE 3