1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 105 OF 2009 Nitin Micheal Borge ...... Applicant. V/s The State of Maharashtra ...... Respondent. ------ Mr. P.P. Kakade i/b Mr. Subhash Hulgalkar for the applicant. Mrs. M.H. Mhatre, APP for the State. ------- CORAM : V.M. KANADE, J. DATE : 3rd February, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under sections 376(2), 342, 506 read with section 34 of the Indian Penal Code which is registered at Pimpari Police Station vide C.R. No.228 of 2008. 3. Prosecution case is that the applicant and one other person committed rape on 14 years old girl after tying her hands and legs to the wooden cot by using her dupatta. Charge-sheet has been filed. Medical certificate discloses that there was no injury on the person of the prosecutrix or her private parts and an opinion has been given by the doctor that no rate was committed. The doctor opined that 2 there is no evidence of any sexual intercourse. Apart from the statement of the prosecutrix, there is no other evidence against the present applicant. 4 Under these circumstances, applicant be released on bail in C.R. No.228 of 2008 in the sum of Rs 5000/- with one or two sureties in the like amount. Applicant, however, shall not enter the jurisdiction of Pimpari Police Station, pending the hearing and final disposal of the criminal case. Applicant shall give his new residential address to the Jail Superintendent before his release and he shall report to the nearest Police Station from his new residential address twice in a month. 5. Application is disposed of. (V.M. KANADE, J.)