{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 559 OF 2010 Nirmalsing s/o Janglu Pardeshi Age-65 years, Occ-Labour R/o Railgaon, Tq-Sillod, Dist-Aurangabad APPLICANT VERSUS 1. The State of Maharashtra Through police station, Sillod Rural Tq-Sillod, Dist-Aurangabad 2. Superintendent of Police, Aurangabad RESPONDENTS ....... Mr. V.D.Sonawane, Advocate for applicant Mr. N.R.Shaikh, APP for respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 25th February 2010 PER COURT: 1. This is an application by which the applicant has prayed to release him on bail in connection with CR No.133/2009 registered with Sillod police station for an offence punishable u/s 307, 354, 376, 511, 323, 504 of the Indian Penal Code. {2} 2. It is informed that the applicant is arrested on 28.11.2009 and since then he is in jail and after completion of the investigation, charge sheet has been filed on 12.02.2009 before the JMFC, Sillod. 3. Heard learned counsel for the applicant and learned APP. Also perused the papers of investigation. 4. It appears that the said offence is registered on the complaint of one Shobhabai Dhage, who happens to be wife of brother of the present applicant. It is specifically alleged in the complaint that on 27.11.2009, while the complainant was returning from her field along with her son, all of a sudden, the applicant, who had hidden himself at one place, caught hold of her and forced her to lie on the ground. It is alleged that he tried to ravish her, however could not succeed. At that time, it is alleged, with a nylon rope he tried to strangulate the complainant, which is evident from the medical report. 5. Considering the facts disclosed in the complaint, which are supported and corroborated by the statement of the son of the complainant, there appears to be a prima facie case of offence punishable u/s 307 and 354, however, certainly not u/s 376 of the IPC. Bearing in mind this fact and in view of the fact that now the investigation is over, the applicant can be enlarged on bail, however by imposing certain conditions, considering the close {3} relations between the complainant and the applicant. 6. In the result, the application is allowed. The applicant be released on bail in connection with CR No.133/2009 registered with Sillod police station, on his furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. The applicant is prohibited from entering the village Railgaon, Tq- Sillod till the trial against the applicant is over. Violation of this condition would entitle the prosecution to apply for cancellation of bail. [A.V.POTDAR, J.] drp/A10/criapln599-10