abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 418 OF 2008 Manpreetsing Harjitsing Sood .. Applicant V/s The State of Maharashtra .. Respondent Mr.A.P. Mundargi i/b Mr.R.S. Bidkar for the applicant. Mr.Rajesh More, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 5TH MARCH 2008 P.C. P.C. P.C. : 1. Heard. 2. The applicant is charged with an offence punishable under sections 354, 376, 377, 509, and 511 of the Indian Penal Code. The applicant was arrested on 8th April 2007 and is in custody since then. He seeks bail by this application as his application for bail has been rejected by the Sessions Court. 3. The prosecution case in short is that on 8th April 2007 the victim, a minor girl of about 8 years, - 2 - had gone to the house of the applicant for tuitions at the hands of the wife of the applicant. The wife of the applicant was not at home. The applicant called the victim inside and then is alleged to have raped her. 4. I have perused the copy of the statement dated 23rd May 2007 recorded by the Chair Person of the Child Welfare Committee, Thane. Perusal of the statement shows that there was molestation and perhaps an attempt to rape. There was no penetration, no rape. The girl was examined at Indira Gandhi Memorial Hospital, Bhiwandi, Thane. Medical report shows that hymen was intact and there was no rape but probably an attempt to rape. 5. No doubt the conduct of the applicant, even if it is short of a rape is such that, if proved, is most reprehensible and the applicant deserves strict punishment. However, at this stage, the prima facie evidence does not suggest of rape and it is suggestive only of an attempt to rape. The applicant is in custody for nearly 10 months. 6. Taking an overall view of the matter, the applicant can be granted bail subject to the strict conditions. Hence, I pass the following order:- - 3 - ORDER ORDER ORDER The applicant be released on bail in connection with the offence mentioned above on executing personal bond of Rs.25,000/- with two sureties in the like amount subject to the following conditions:- (a) The applicant shall not make any contact with the victim or any of the relatives of the victim and shall not, directly or indirectly, make any inducement or threats to any of the prosecution witnesses. (b) The applicant shall attend the concerned police station once a week on every Monday between 5.00 and 7.00 p.m. till the conclusion of the trial. (c) Except for reporting the police station, the applicant shall not enter the area of Bhiwandi Police Station till the conclusion of the trial. (D.G. KARNIK, J.)