1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4501 OF 2010 Ashroba Sadashiv Khillare ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr S.S. Jadhavar, Advocate for the applicant; Mr N.R. Shaikh, A.P.P. for the respondent CORAM : P.V. HARDAS, J. DATE : 28th October, 2010 PER COURT : The applicant, maternal uncle of the victim, seeks his release on bail in Crime No.82/2010, registered by the Daithna police station, District Parbhani for offence punishable under section 376 (f) of the Indian Penal Code. The prosecutrix in this crime is said to be aged about four years and is niece of the present applicant. A report came to be lodged on 7.9.2010 complaining therein of the accused having committed rape on the minor girl on 6.9.2010. The accused came to be arrested on 7.9.2010 and is presently in magisterial custody. 2 2. The investigation of the said crime is still going on and the learned A.P.P. states that the investigation is nearing completion. It transpires from papers of investigation that two witnesses had seen the applicant taking the victim in a room and after some time the victim rushing out of the room crying. The victim was referred for medical examination and the report of the medical examination completely negates not only rape but even attempt to commit rape. The applicant is said to be the uncle of the victim and according to me, in the light of the circumstances enumerated above, the applicant would be entitled to be released on bail. Shri Jadhavar, learned Counsel for the applicant undertakes on behalf of the applicant that the applicant would not enter village Singnapur till the trial is decided, except to attend the hearings of the criminal trial which would be pending. 3. Accordingly, this application is allowed and the applicant is directed to be released on bail on his executing a P.R. bond in the sum of Rs. 20,000/- with one surety in the like amount on the condition that the applicant shall not enter village Singnapur till the decision of the trial, except in order to attend the dates of the Court proceedings. The applicant, in addition shall attend the Daithna police station once a week on each Sunday, between 8.00 to 10.00 a.m. till the filing of the charge- sheet. The applicant shall not make any attempts whatsoever at either contacting or influencing the prosecution witnesses. No attempts shall be 3 made by the applicant at tampering the prosecution evidence. Application allowed accordingly. ( P.V. HARDAS, J.) amj/criap4501.10