1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2427 of 2010 (Jaywant @ Khandu s/o Ashok Patil vs. The State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. V.P.Latange, Advocate for the applicant. Mrs.V.A.Shinde, APP for the respondent. ... CORAM: A.V.POTDAR, J. DATE:21-7-2010 P.C.:- 1. By the present application, the applicant has approached this Court for his release on regular bail in connection with Crime No. 69/2010, registered in Shirpur Police Station of district Dhule in which he came to be arrested on 7th March, 2010, wherein, after completion of investigation, chargesheet was filed on 15th May, 2010, in the Court of Judicial Magistrate, First Class, Shirpur, Dist. Dhule and, in due course, after passing necessary order, the case was committed to the Court of 2 Sessions and Sessions Case No. 91/2010 was registered. 2. Heard Counsel for the applicant and learned A.P.P. for respondent State. Also perused papers of investigation. 3. The applicant is facing prosecution for the offense of rape on a minor girl by name Anita, about the incident that took place on 2nd March, 2010. The complainant is the father of the prosecutrix/victim and narrated the incident as per the disclosure made by Anita after some days after the alleged incident occurred. It appears, immediately after the disclosure of the incident, offense came to be registered against the present applicant. Applicant was also arrested on 7th March, 2010 itself. It appears from the papers of investigation that on the same day victim as well as the applicant were referred for medical examination. Statement of the victim was recorded during 3 investigation as well also it was recorded by the learned Judicial Magistrate, Shirpur, under Section 164 of Cr.P.C. 4. At this juncture, the relevant papers of medical examination of the prosecutrix and the applicant, which do not support the disclosure by the prosecutrix to her father and also do not support the statement of the prosecutrix recorded under Section 164 of Cr.P.C. 5. Even though the application is opposed by learned A.P.P. on the ground that, from the age of the prosecutrix, as projected by her father, the prosecutrix is minor but from the statement of the proxecutrix recorded under Section 164 of Cr.P.C., which do not support it, considering the fact about variance in the statement of prosecutrix recorded during investigation, which is contrary to her statement recorded under Section 164 of Cr.P.C. and also 4 not supported by the medical evidence. As now the investigation is over, case is made out to enlarge the applicant on bail with following conditions. Hence order: ORDER (a) Application allowed. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount. (b) After release on bail, applicant is prohibited to enter in the village/area known as Hingonipada till the trial in Sessions Case No.91/2010 is finally disposed of. (c) Observations of this Court in this order are prima facie in nature, based on the papers of investigation. Learned trial Court will not be influenced by the observations made by this Court while disposing of the case on his file. (A.V.POTDAR ) JUDGE agp/2427-10crapl