1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 143 of 2010 Raosaheb Lahanu Kadam ... Applicant versus The State of Maharashtra ... Respondent ... Mr. P.G. Pravin for the applicant. Mr.S.A.Shaikh APP for the State. CORAM : D.G. KARNIK, J. DATED : 18th January 2010 P.C. 1. Heard. 2. By this application, applicant seeks bail in connection with C.R.No.I-228 of 2009. The alleged offence is principally u/s.376 of the IPC. 2 3. According to the prosecution under a threat by the applicant that he would commit a suicide by consuming bottle of poison he induced the applicant to go along with him to a room in a lodge. There he attempted to rape her and took her photographs. This happened in March 2009. Thereafter in November 2009, he again took the applicant to another lodge by threatening to show her previously taken photographs to the husband. According to the prosecutrix, she was raped on 4th November 2009 by obtaining her consent under a threat of showing her photographs to her husband. FIR was lodged on 20th November 2009. Applicant was arrested on 25th November 2009 and is in custody since then. 4. Prima facie, there is a gross delay of lodging of an FIR. The explanation offered is not satisfactory. Again, prima facie prosecutrix had gone along with the applicant to a lodge though under a threat that the applicant would commit suicide. There is no allegation that there was any threat of any injury to the prosecutrix but the threat was that the applicant would commit suicide by himself. Prima facie, there was no sufficient reason for the prosecutrix to accompany the applicant alone to a room in a lodge on account of such threat of suicide. Again she was not actually raped at that time but her photographs were 3 allegedly taken. She did not complain about this incident for more than eight months to anybody for which also no explanation is offered. 4. In the circumstances, applicant is entitled to a bail. Hence, I pass the following order:- O R D E R Applicant be released on bail on executing P.R. Bond of Rs. 15,000/- with two sureties of the like amount subject to the condition that the applicant shall not threaten the prosecution witnesses and shall report his presence to the concerned police station once a month between 1st and 5th of every British Calendar month. . It is clarified that all observations made in this application are prima facie and the Sessions Court shall not be influenced by any of them at the stage of trial. (D.G. KARNIK,J.) 4