1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 941 of 2010 Sunil Kalwaghe & ors. ... Applicants versus The State of Maharashtra ... Respondent CRIMINAL APPLICATION NO. 942 of 2010 Ashok Kalwaghe ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Abhijit Desai for the applicants Mrs.M.R.Tidke APP for the State. CORAM : D.G. KARNIK, J. DATED : 8th March 2010 P.C. 1. Heard. 2. By these two applications, the applicants seek pre-arrest bail in connection with C.R.No. I-34 of 2010 dated 8th February 2010 2 registered at Kolsewadi Police Station, Kalyan for an offence punishable u/s.376, 498A, 504, 506 r/w section 34 of the IPC. 3. Applicants in Criminal Application No.941/10 are husband, father-in-law and mother-in-law of the complainant Manisha. Ashok, the applicant in Criminal Application NO.942 of 2010 is the brother of the husband of Manisha. 4. On 4th February 2010, Manisha lodged a FIR in the police station alleging therein that on 17th October 2009, Ashok, the brother of her husband raper her in the house in the afternoon. On return of the husband, the complainant informed the same to the husband who drove his brother away. However, thereafter the applicants pressurised the complainant not to disclose the incident to anybody and have been harassing her for four months so that she should not disclose of rape. So far as the allegations against the applicants other than Ashok are concerned, are that they are harassing her so as not to disclose the fact of rape to anybody. There is no other major allegation against them. So far as Ashok is concerned, there is a delay of nearly 3 ½ months in lodging of the FIR. No explanation offered by the complainant for the delay is not convincing especially when the complainant’s parents were also called after the alleged incident. 5. Taking all these facts into consideration, in my view, the applicants can be granted pre-arrest bail. Hence, I pass the following order:- 3 O R D E R In the event applicants or any of them are arrested in connection with C.R.No.I-34 of 2010 registered at Kolsewadi Police Station, Kalyan, each of the applicants in Criminal Application No.941 of 2010 be released on bail on each of them executing P.R. bond of Rs.10,000/- with one surety of the like amount. So far as Ashok Kalwaghe, the applicant in Criminal Application No.942/10 is concerned, in the event of his arrest, he shall be released on bail on his executing P.R. bond of Rs.25,000/- with two sureties of the like amount subject to a condition that he shall report to the concerned police station for interrogation initially on 17th and 18th March 2010 between 11.00 a.m and 5.00 p.m. and shall thereafter report to the concerned police station for further interrogation as and when required by the police. All the applicants, shall within 48 hours hereof inform in writing to the concerned police station their present residential address as well as their residential and mobile numbers and intimate any change therein within 48 hours of the change. Any breach of the conditions shall result in cancellation of the bail. (D.G. KARNIK,J.)