1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3964 OF 2009 Bhagwan S/o.Shankar Falke, APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.Hemant Surve, learned counsel for applicant. Mr.B.J.Sonwane, learned APP for respondent State (CORAM : A.V.POTDAR, J.) DATE : 27/11/2009 PER COURT : 1. By the present application, the applicant has prayed to release him on bail in case of his arrest in connection with CR No.59/2009, registered in Tembhurni Police Station of District Jalna for an alleged offence u/s. 354, 376, 506, and 511 of the IPC. 2. Heard learned counsel appearing for applicant followed by the submissions of learned APP for State. Also perused the papers of investigation till carried out. 3. It appears that the alleged offence registered on the basis of complaint of one Nitabai and the incident occurred in the field, in the early hours of 29/09/2009 at about 8.00 a.m. It is alleged that under the pretext that some monkeys have entered in the field, the 2 complainant prosecutrix was called by the applicant accused to driven out the said monkeys and taking the benefit of her solitariness in the field, applicant accused tried to outrage her modesty and then tried to ravish her. On hearing her shouts, her nephew came there and then the accused give up his attempts to ravish her. 4. It is alleged across the bar that on clear reading of the complaint, offence u/s. 376 of IPC can not be made out and the remaining offences are bailable offences. If there is no material to make out the offence u/s. 376 of IPC, the applicant be released on bail. 5. Learned APP vehemently opposed these submissions and prayed to reject the application. 6. Considering these submissions across the bar and on perusal of the facts disclosed in the complaint, the fact is clear that even if the entire episode as narrated in the complaint is accepted as it is, no offence u/s. 376 of IPC is made out. As narrated by the complaint in her complaint, at the most it attracts section 354, r/w. 511, 506 of IPC, but considering the involvement of applicant in this offence from the disclosure of facts in the complaint, it can not be said that the applicant is falsely implicated in the present case. In the premise, no merits in the application, application deserves following order : Application stands rejected. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.3964-09