cra2790.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2790 OF 2011 Rupesh s/o Suresh Ransing, Age-25 years, Occu:Labourer, R/o-Village Shedgaon, Tq-Shrigonda, Dist-Ahmednagar. ...APPLICANT. VERSUS The State of Maharashtra, Through Investigating Officer/ Officer Incharge, Police Station, Shrigonda, Tq-Shrigonda, Dist-Ahmednagar. ...RESPONDENT. ... Shri.Sanjay Mundhe Advocate for Applicant. Shri.G.R. Ingole, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 22ND JULY, 2011 cra2790.11 2 PER COURT : 1. This Application is filed for bail in C.R. No.I-389 of 2010 registered in Shrigonda Police Station, Dist-Ahmednagar, for the offences punishable under Sections 376, 342, 506 of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by the prosecutrix on 12th November, 2010. She has contended that on the night between 9th and 10th November, 2010, when she had gone to field to answer the nature's call, she was forcibly taken to other field where there was standing sugar cane crop and there the Applicant committed rape on her. She has made allegations that on that night, she was detained there by the Applicant by giving threats. She has contended that she could leave the field only when the Applicant left the field by saying that he was cra2790.11 3 bringing some food to her. She has contended that she did not disclose the incident to her in-laws on that day and she disclosed the incident to her husband only on 11th November, 2010. 3. The injury certificate in respect of prosecutrix is available in the papers of investigation. One abrasion was found over chin of the size of 5 X 2 c.m. Age of the injury is not mentioned. Prosecutrix was examined on 13th November, 2010. The other findings show that the doctor suspected presence of substance like turmeric powder and chilly powder in the private part of the prosecutrix. Prosecutrix is a married woman. 4. In view of the aforesaid circumstances, this Court holds that this is a fit case for granting bail. So the Criminal Application is allowed. The Applicant be released on bail in C.R. No.I-389 of 2010 registered in Shrigonda Police cra2790.11 4 Station, Dist-Ahmednagar, for the offences punishable under Sections 376, 342, 506 of the Indian Penal Code, on his furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand), subject to condition that he is not to tamper with the prosecution witnesses. [T.V. NALAWADE, J.] asb/JULY11