BA-836-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.836 OF 2011 Rajendra Ramchandra Kamble ... Applicant V/s. The State of Maharashtra, Thru' Navghar Police Station, Thane ... Respondent Mr. Shirish Gupte, Sr. Advocate, i/b. Ms. Racheeta Dhuru, for the Applicant. Mr. K.V. Saste, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 28 TH JUNE, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R.. I have gone through the copy of the Charge Sheet that is annexed to the Bail Application. 3. The Applicant is a Reporter of a Marathi Daily. According to the victim, who is a married woman, having three children, she got acquainted with the Applicant in the year 2005. At that time, the mother of the victim was suffering from Cancer and the victim expected help from the Applicant. The Applicant assured that he had contacts in good Hospitals and that he would look after the treatment of her mother. By making these representations, the Applicant succeeded in becoming friendly with the First Informant. Thereafter, on one day, in the year 2005, the BA-836-11.sxw 2 Dixit Applicant is alleged to have given some intoxicating substance to the victim for drinking and it is alleged that, thereafter, he committed rape on the victim. It is also alleged that a few days thereafter, the Applicant compelled her to go along with him in a Hotel, by threatening that he had taken some nude photographs of the victim and that he would put those photographs on Internet. According to the victim, by giving such threats, he exploited the victim till the time of lodging the F.I.R. i.e. in the year 2011. According to the victim, since two to three months prior to the lodging of the F.I.R., the Applicant started telling the victim that he wanted to keep physical relations with the victim's daughter. It is, thereafter, that the victim allegedly lost patience and lodged the report. 4. The investigation is over. Charge Sheet has been filed. No nude photographs of the victim could be found during the investigation. 5. Mr. Shirish Gupte, the learned Counsel for the Applicant, submitted that the story of the victim is, prima facie, not acceptable. He submitted that the Applicant is a man who stays with his family. He also submitted that, after the arrest of the Applicant and while he was in custody, the victim met him in prison and demanded an exorbitant amount from him. 6. The fact that the victim, indeed, visited the Applicant, while he was lodged in the prison, is not in dispute. However, the victim gives some explanation for having met the Applicant in the prison and that explanation is that the wife and sister of the Applicant had 'forcibly snatched' the daughter of the victim from her and, therefore, the victim was constrained to go to jail. BA-836-11.sxw 3 Dixit 7. There appears to be some physical relationship between the Applicant and the victim. However, the possibility of the victim having consented for such relationship, cannot be altogether ruled out. 8. Considering all the relevant aspects of the matter, I am inclined to release the Applicant on bail, subject to certain conditions. 9. The Applicant is ordered to be released on bail in the sum of Rs.40,000/-, with one surety in like amount, on the condition that the Applicant shall not contact, meet or approach any of the prosecution witnesses, in any manner, whatsoever. [A.M. THIPSAY, J.]