1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Criminal Application No. 3495/2009 (Anil Deoraoji Shende .vs. State of Mah. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. D.R. Bhoyar, Advocate for the Applicant. Mr. A.D. Sonak, APP for Respondent. CORAM : P.D. KODE, J. DATED : DECEMBER 17, 2009 Heard. The prayer for bail made by the applicant/accused arrested on 13.6.2009 and charge sheeted by Hinganghat Police Station for commission of offence punishable under Sections 452, 376 and 506 of IPC and Sections 3(1)(12) and 3(2)(5) of the Atrocities Act in connection with Crime No. 233/2009 of the said Police Station is vehemently opposed by the learned APP on the counts of the opinion given by the Doctor corroborates with the claim of the prosecutrix of being ravished , the matter from the FIR reveals daredevil nature of the applicant as even after commission of rape, he has slept in the same house and the same denotes the possibility of the prosecution evidence getting tampered in the event of himself being released on bail. The submissions of the learned APP are counter 2 veiled by the learned counsel for the applicant that the matters from the FIR itself reveals the possibility of the false implication as there was a monetary transaction in between the applicant and the victim, the account of alleged incident being against the tune of the possibility factors as some of the facets alleged being belied by the other material in the charge sheet i.e. the applicant being arrested on the spot being belied by the fact of himself being arrested on the next day at 8 p.m. and the other corroborative material in the charge sheet being in the shape of persons closely related to the prosecutrix. The learned counsel has further urged that even prima facie no credence can be given to the opinion given by the Doctor as his certificate fails to reveal any data leading to the opinion as given. Thus considering all the relevant circumstances and feeble character of prosecution material, the applicant/accused deserves to be released on bail as even the offences alleged are not punishable with death and imprisonment of life. The perusal of the charge sheet prima facie supports the submission advanced by the learned counsel for the applicant that though the prosecutrix has claimed to have disclosed the occurrence of the incident to the neighbours, statements of such witnesses are forthcoming after inordinate delay of about more than 1½ month. Similarly even apparent look at the medical certificate reveals of the same lacking a data leading to the opinion arrived by the Doctor. The matters in the charge sheet also do not reveal of the applicant being arrested on the same day and the same thus belies the allegation of the accused being caught at the spot. 3 Similarly the corroborative material regarding the conduct of the applicant in the shape of the statement of neighbours to whom she had disclosed about the incident , has surfaced on record belatedly after a period about 1 ½ month after the incident. Having regard to such type of character of prosecution evidence and furthermore the matters from the FIR also revealing that there was a monetary transaction between the applicant and the prosecutrix and considering the tale of prosecutrix on the touchstone of the probability factor prima facie the applicant deserves to be released on bail for commission of alleged offences not punishable with death or imprisonment of life, by imposing strict conditions for taking care of the other apprehension expressed by the learned APP. The applicant is directed to be released on bail on his executing a PR bond in a sum of Rs.50,000/- with two solvent sureties in the like amount and subject to the conditions of applicant (i) attending Hinganghat Police Station everyday for a period of first 15 days in between 9 a.m. to 11 a.m. and thereafter every alternate date for next 15 days within the said timings and thereafter on every Monday of a week until completion of trial and the Officer of the concerned Police Station shall give an acknowledgment regarding the attendance given by the applicant at the Police Station; (ii) staying at the address mentioned in the application and not changing the same without the permission of the trial Court; (iii) not indulging in any activity of either tampering the prosecution evidence and/or threatening/intimidating the prosecution witnesses and (iv) not committing any offence while being 4 on bail granted vide this order. Application stands disposed of. JUDGE halwai