IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.585/2008 Eknath Mehetre ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE: 3.3.2008 Heard Mr. Patil, Advocate for the applicant and Mr. Thakre, A.P.P. for state. This is an application under section 439 of Cr.P.C. for grant of bail. Offences alleged against the applicant the applicant are one under section 376(2)(b) 342 read with section 34 of I.P.C. and sections 3(1)(xii) of the S.C. & S.T. Prevention of Atrocities Act and under section 7(1)(3) of the Civil Rights Protection Act, in crime no.52/2007 registered by P.S. Sindkhed Raja. Learned counsel for the applicant has submitted that the offence alleged is inherently improbable as in Indian society no person like applicant who has married daughter and son of 22 years of age, would commit rape in presence of his wife. It is also contended that medical evidence is not supporting the prosecution case. I have given anxious consideration to the contentions raised by the learned counsel for the applicant. No doubt some of the facts do reflect in favour of the applicant, fact remains that there is evidence of eye witnesses who had heard prosecutrix shouting from the ration shop of the applicant as well as after when she came out, she had disclosed about the incident to those witnesses. At this stage, it can not be said that all those witnesses are false, just to support the case of the prosecutrix and against the applicant. In these circumstances, this application can not be granted at this stage. Applicant is at liberty to file fresh application, if trial does not begin within 3 months from today. Inform trial court to expedite the matter. Application stands disposed of. JUDGE smp.