1 1912.ba.656.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [BA] No. 656 of 2011 (Narayan @ Dinesh S/o. Govindrao Raghorte Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.P. Panditkar, Advocate for the applicant. Mrs. B.P. Maldhure, APP for the non-applicant/State. CORAM : M. N. GILANI, J. DATE : 19 th DECEMBER, 2011. This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant- accused on bail, against whom an offence bearing Crime No. 38/2011 is registered with Police Station Talegaon, District Amravati, for the offence punishable under Section 376(2) (g) of the Indian Penal Code, on the allegations of committing rape levelled by a 18 years old girl resident of the same village. On 26/04/2011, she had used the mobile of Rajesh-the co-accused to talk to her father. After talking to her father, she went to return the mobile to said Rajesh. Rajesh and others co-accused by name Pandit were sitting outside. They asked her to keep the mobile inside the house. When she entered the house, the present applicant-accused (Narayan) was in the house. He grappled her and then 2 1912.ba.656.11 committed rape on her. Her father was not in the house. In the evening, her uncle and aunt returned from the field. She disclosed the incident to them. They waited for her father to return. On 27/04/2011 i.e. on the next day, they went to Police Station Talegaon and lodged the F.I.R. On 28/04/2011, she was examined by the Medical Officer. No injuries were noticed on her person. It is the case of rape on a 18 years old girl, who is studying in 12th Standard. On going through the F.I.R., it does not appear that the case is concocted. The contention of learned counsel for the applicant that out of enmity a false report has been lodged, at this stage, appears to be without foundation. Considering the involvement of the applicant in the offence of committing rape on a 18 years old girl, it would not be desirable to release the applicant on bail. Application is rejected. JUDGE *Sdw