1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No. 184 of 2010 [Pintya @ Naresh R. Ingole Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. A.S. Band, Adv., for the applicant. Mr. D.B. Yengal, APP for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 22nd March, 2010. 1. The applicant has been named as accused in offence punishable under Sections 376 and 448 of Indian Penal Code. 2. The bail is prayed on following grounds:- [a] That, the prosecution story is concocted. [b] The fact that the prosecutrix refused to undergo medical examination should be considered adverse to the story. [c] The evidence, namely, there 2 are no injuries on the private part and also on the person of the victim makes the entire story gravely suspicious. [d] It is improbable that the victim was lifted and taken 50 feet away from her house, yet she was not awakened. [e] According to the prosecution, Chemical Analyser's report is expected to be furnished within fifteen days, and even if the accused is released on bail, there are no chances of his tampering with the said evidence, or any other evidence. [f] That, the accused is in jail for six months. 3. In view of the fact that the Chemical Analyser's Report is likely to be furnished as per the statement made before this Court by learned APP, the application for bail can be considered after receiving the report of Chemical Analyzer. 4. Hence, report of Chemical Analyzer if favourable to the accused, will be a 3 circumstance, which may weigh in his favour even for the purpose of grant of bail. 5. In this background, at this stage, it would not be appropriate even prima facie to arrive at a conclusion that the accused is falsely involved. 6. In the circumstances, the applicant has no case for grant of bail. 7. Application is rejected. Judge |Hedau|