1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 1375 /2010 (Gajanan Gopala Bonde vs. State of Maharashtra) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. R R Vyas , Advocate for applicant Mr. C N Adgokar, APP for Respondent CORAM : A.P. BHANGALE, J. DATED : 17 th September, 2010. Heard. 2. Learned Advocate for the applicant submits that Sandhya Gajanan Bonde, wife of the present applicant, had lodged an oral report at about 7.45 p.m. with Maregaon Police Station Dist. Yavatmal regarding the incident of outraging modesty by Ashish Sakharkar, who used to harass her while she was going by road. It is alleged that Ashish had caught old hands of Sandhya and as a result, her bangles were broken. He had pulled her blouse which was torn, she raised shouts. At that time, her nephew Pravin Mohan Bode who was coming from behind her, to whom she informed about the incident. He had also lodged complaint to police at Maregoan Police Station on 17.7.2010 as a counterblast to this complaint and alleged offence of rape was alleged by Meena Anil Sakharkar against the applicant accusing him that he had sent her daughter Priya and Lahu for fetching eggs and he 2 had tried to commit rape upon her. At that time, her nephew Ashish Sakharkar came; he had seen both of them. It is alleged that applicant Gajanan had threatened Meena not to tell the incident to anybody. Under these circumstances, it is contended that prima facie it is difficult to believe as to how a person intending to commit rape will do so without closing the doors from inside and keeping the door open for passers-by and neighbourers to see such act. Furthermore, assuming for the sake of argument that the applicant indeed committed sexual assault there could have been presence of marks of injuries on the person of alleged victim and also on the person of applicant if any scuffle or resistance was there. The make-believe story of the prosecutrix that applicant had held her hand, dragged her, pressed her mouth, laid her down and forcibly raped until her nephew Ashish saw them together, is difficult to believe. It is the same Ashish Sakharkar against whom complaint was lodged by wife of the applicant earlier on the same day. 3. Learned APP is unable to controvert these contentions. It is serious allegations against police that earlier incident of outraging modesty lodged by wife of the applicant herein, was not investigated and that as a counter-blast to that incident, the serious accustions have been levelled against the applicant. For these reasons although it is for the prosecution to lead evidence on merits and the learned trial Judge will consider all the 3 evidence together in respect of words against words between the applicant and prosecutrix and close relations, case for conditional bail is made out. Hence the following order:- The applicant be released on bail in connection with Crime No. 33/2010 for offence punishable u/ss. 376, 452, 506 IPC registered at Police Station Maregoan Dist. Yavatmal, upon executing PR bond in the sum of Rs. 30,000/- with two or more sureties in the equal amount; provided further that he shall attend the trial Court on each date of hearing; shall inform his fixed address with telephone/ mobile number,if any, to the I.O. as well as the trial Court and shall not misuse his liberty in any manner. Application is disposed of. Humdast allowed. JUDGE Sahare