1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 165 OF 2009 Mr. Sameer Dinkar Desai ..... Applicant. V/s State of Maharashtra ...... Respondent. ------ Mr. B.R. Patil with Mr. Ujwal Agandsure for the applicant. Mr. S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. DATE : 14th January, 2009 P.C.: 1. Heard the learned Counsel for the Petitioners and the learned APP for the State. 2. It is alleged that the applicant alongwith 3 to 4 other persons entered the house of the complainant Swati and two persons raped Swati. It is alleged that the present applicant posed that he is a journalist and he also had made an attempt to commit rape on the complainant. Applicant was arrested on 6/9/2008. Charge-sheet has been filed. 3. The learned Counsel for the applicant has invited my attention to the Medical Certificate which discloses that there were no injuries on the person of the complainant. 4. Since charge- sheet is already filed and the applicant 2 was not a party to the rape on the complainant, his continued detention in jail, in my view, is not necessary since the trial is not likely to begin in near future. From the statement of the complainant, it is clear that the applicant had only threatened that he would commit rape but, in reality, he did not do so. In view of this position, in my view, applicant deserves to be released on bail. 5. Applicant be released on bail in the sum of Rs 5000/- with one or two sureties in respect of C.R. No.338/08 registered at Sahakar Police Station under sections 376(G), 395, 363, 366, 342, 170, 452, 506(2) 323, 504 of the Indian Penal Code. Applicant shall not threaten the complainant and other prosecution witnesses. If any complaint is received by the Police, his bail shall be cancelled on the application being made by the prosecution. Applicant shall report to the said Police Station once in a week for a period of three months and, thereafter, once in a month during the pendency of the trial. 6. The Trial Court shall not be influenced by the observations made by this Court while deciding this criminal application for bail and shall decide the case on its own merits in accordance with law. 7. Application is disposed of. (V.M. KANADE, J.)