1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5182 of 2009 Eknath Nana Parate ... Applicant versus The State of Maharashtra ... Respondent ... Mr. Vaibhav V. Jathar for the applicant. Mrs.M.R. Tidoke APP for the State. CORAM : D.G. KARNIK, J. DATED : 4th January 2010 P.C. 1. Heard learned counsel for the applicant and learned APP for the State. 2. The applicant has been arrested on 16th February 2009 and is in jail since then for an alleged offence u/s.376 of the IPC. Investigation is complete and charge-sheet has been filed. Custody of the applicant is no longer needed for the purpose of investigation. 3. The learned Sessions Judge has rejected the application on the ground that the offence is a grave offence and relying upon the state ment of the prosecutrix in the F.I.R. The first rape allegedly took place 2 in the year 2007. The date of the rape is not mentioned. FIR was lodged on 15th February 2009. Thus, there is a considerable delay in lodging the FIR which is not satisfactorily explained. The further allegation in the FIR is that the applicant took nude photographs of the applicant and thereby compelled the victim to continue the physical relationship with the applicant even thereafter. However, no nude photographs of the prosecutrix have been recovered by the police. 4. Considering the present pendency of the matters before the Sessions Court, it would take considerable time for the trial. In the facts and circumstances of the case, in my view, applicant is entitled to bail. Hence, I pass the following order: O R D E R Applicant be released on bail on his executing a personal bond of Rs.15,000/- with two sureties of like amount subject to the conditions that the applicant shall not in any way meet or attempt to meet the prosecutrix and the applicant shall not directly or indirectly influence the witness. (D.G. KARNIK,J.)