[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.2692 OF 2008 Haribhau Sudam Ohol ..Applicant Vs. The State of Maharashtra ..Respondent ... Mr.Ujwal R.Agandsurve Advocate for Applicant Mr.K.V.Saste APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 20, 2008 DATE : AUGUST 20, 2008 DATE : AUGUST 20, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant and the learned A.P.P. for the State. 2. The applicant is seeking bail in CR No.113 of 2008 of Mohol Police Station. The said case is mainly under Section 376 of IPC. 3. The prosecutrix is married lady having three daughters. The prosecutrix was not residing with her husband but she was residing separately with her mother and daughters. The prosecutrix has stated that prior to the incident, she had physical relations with the applicant. Thereafter, there was quarrel between the prosecutrix and the applicant. On 13.3.2008, the applicant entered her house and had sexual intercourse with the [-2-] prosecutrix against her will. Hence, she lodged FIR. 4. The prosecutrix was residing in the house with her mother and three daughters. It is her case that she raised hue and cry when the applicant was committing rape on her. However, the mother and the daughters of the prosecutrix do not state that they had seen the applicant in the house. It is pertinent to note that the house consists of only two rooms and the prosecutrix was residing in the said premises along with her mother and three daughters. Looking to these facts and the fact that prior to the incident the applicant and the prosecutrix had physical relationship for many years, it appears that on account of quarrel, the prosecutrix has falsely implicated the applicant. In view of this fact, I am inclined to grant bail to the applicant. 5. The applicant-Haribhau Sudam Ohol be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) with one or two sureties to make up the said amount. The applicant to report to Mohol Police Station, once in a month till conclusion of the trial. 6. Application is disposed of. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]