IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.700 OF 2009 Jagan Gangaram Dongare ...Applicant Vs. The State of Maharashtra ... Respondent --- Shri R.D. Suryawanshi for Applicant Shri D.P. Adusule, APP for State ---- CORAM: V.M. KANADE J. DATED 12TH FEBRUARY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under section 376 r/w. 307 of the Indian Penal Code. 3. The case of the prosecution is that when the prosecutrix was returning from her field, the Applicant had tried to commit rape and when she resisted, he assaulted her and, thereafter he committed rape. The nephew of the prosecutrix allegedly saw her lying in the field and, thereafter, he and other relatives brought her home. 4. The learned Counsel appearing on behalf of the Applicant submits that the Applicant is falsely implicated in this offence. He submitted that the nephew of the prosecutrix, who had seen the Applicant and the prosecutrix in compromising position and, thereafter, he and other relatives including husband of the prosecutrix had assaulted her. The prosecutrix had received simple injuries. 5. In the present case, chargesheet has been filed. The injury certificate annexed to the application shows that the injuries are not grievous and are simple in nature. There are no injuries to the private part of the prosecutrix. Since the chargesheet is filed and the defence of the Applicant is a probable defence, continued detention of the Applicant, in my view, is not necessary. 6. The Applicant, therefore, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant, however, shall not enter the jurisdiction of Gegaon, Tal. Shahapur during pendency of the trial. He shall give his new address to the Superintendent of Jail before he is released and report to the nearest police station from his new address once in a month. 7. The Trial Court shall not be influenced by any of the observations made by this Court while considering the application for bail since these observations are essentially of a prima facie nature. The Trial Court shall decide the case on merits and in accordance with law. 8. Application is disposed of. V.M. KANADE J.