1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1964 OF 2010 1 Balu Narayan Mukane ) 2 Pintya Narayan Mukane )..Applicants Vs. The State of Maharashtra )..Respondent ---- Mr. C.K. Pendse i/by S.m.Mangaonkar & R.G.Zonjarrae for the applicants. Smt.V. R. Bhosale APP for the State. ---- Coram : R.S.MOHITE,J Date : 5th May, 2010 PC 1 This is an application for grant of bail. The applicants are shown as accused in C.R.No.I-31/2009 registered by Dombivali police station for alleged offences under Sections 376(2)(g), 452 and 506-II IPC. The prosecutrix is one Surekha who was 25 years old. It is her case that on 16.1.2009 she was sleeping along with her grand-mother aged 65 years. According to her, at that time applicants came to her hut and while applicant no.2 held her, applicant no.1 committed rape on her. She contends in the complaint that during the act, her grand-mother who was sleeping next to her woke up. Police have recorded the statement of the grand-mother. She states that though she was woke up, she went back to sleep as she was very tired. In so far as medical evidence, the history specifically states that there is no actual penile penetration occurred. There is no traumatic injury found on the private part of Surekha. The injuries found are on her face and leg. It appears that the vaginal swab though taken, has not been sent for the C.A. One of the clothing articles of the accused has semen stains of indeterminable grouping but there are no semen stains on 2 the clothes of the prosecutrix. In such a situation particularly because of the express history as contained in the medical document, it is possible that it might be an attempt or even offence under Section 354. In the circumstances, since the investigation is complete, I am inclined to grant bail. It is therefore, directed that pending the trial in connection with C.R.No.I-31/2009 registered by the Manpada police station, the applicants may be released on bail in the sum of Rs.15,000/- each with one surety each in the like amount subject to the condition that they report to the Investigating officer once a fortnight on every 1st and 3rd Mondays of each month, do not tamper with the witnesses and remain present on all dates of their trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3