1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 3134 of 2009 Nitin v. State of Maharashtra -------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr P.S. Patil, Advocate for applicant Ms T. Khade, APP for State Coram: A.P. Bhangale, J Dated : 15th September 2009 1. Applicant is seeking bail in Crime No. 78/09 registered with Police Station, Walgaon under Sections 376 (g), 366 and 363 of the Indian Penal Code. Heard learned counsel for the applicant and learned Additional Public Prosecutor for State. 2. Learned counsel for applicant contends that complainant does not bear good chastity and she is well known for her bad character. He further contends that out of enmity, maternal uncle of complainant has implicated applicant falsely in this case. 3. Learned Additional Public Prosecutor has opposed the bail application on the ground that the offence is punishable upto life imprisonment and if released on bail, applicant may tamper with prosecutrix and evidence collected by prosecution. 4. Prosecutrix has stated in her oral report that applicant gagged 2 her mouth and took her to a remote place where he and his associates raped her one after another. Looking to the age of applicant who is said to be 17 years old and heinous crime, this is not a fit case for grant of bail. Allegation made by applicant that complainant has bad chastity is vague and moreover, it cannot be a good ground to claim for release on bail. Learned APP is right when she apprehends that applicant being local resident, may tamper with prosecution evidence and influence prosecutrix in view of probable sentence which may extend to life imprisonment. Application is, therefore, rejected. Judge. hsj