1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.2023/2010 (Manoj Nanu Athole .vrs. State of Maharashtra) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. J.B. Kasat, Advocate for applicant, Mr. D.P. Thakre, APP for respondent. .......... CORAM : P.D. KODE, J DATED : JANUARY 20, 2011 Heard. The applicant/accused arrested on 18.10.2010 and chargesheeted by the Chikhaldara Police Station in connection with Crime No.71/2010 for offence under Sections 363, 366, 376, 506 of the Indian Penal Code, has prayed for bail. The said crime was registered on the first information report lodged by the victim woman on 17.10.2010 regarding the incident which had taken place in the night of 15.10.2010 and on the next day. Needless to add that apparently there is delay of a day in lodging the said report. In short, it is the case of the prosecution as per report that during the relevant night 2 the victim had been for watching a movie in Durga Festival with the permission of her husband and at about 12.00 midnight she had been for easing herself behind the house of one Kalima Chimote. The applicant then had caught her and dragged her towards the river. Her shouts could not be heard due to the noise of the generator running for showing a movie. The applicant thereafter dragged her in the forest and thrice raped her in said night. The applicant also threatened her to kill when in morning she told him that she is returning to her house. On the said day she remained with applicant in the forest and in the night again applicant raped her for about four times. She had asked him to leave as she was having children and thereon the applicant had threatened that he will kill anybody who would intervene. On next day in the noon, her husband, her brother-in-law and 2-3 other persons came to the forest and, thereafter, the applicant fled away. Her brother-in- law was unable to catch him. Thereafter, she had gone to the Police Station along with her husband and lodged the said report narrating such matters. The learned counsel for the applicant urged that the story narrated by the applicant is inherently improbable of the same clearly denotes of herself being consenting party. It is urged that the material in the chargesheet itself reveal unnatural conduct of the husband of the applicant of not taking any prompt steps including reporting matter to police, even though his wife did not return in the said night. The learned counsel for the applicant further urged that in spite of 3 grave allegations stated in the first information report, no medical evidence has been collected for corroborating claim staked by first informant. The learned counsel for the applicant thus contended that in the fact and circumstances of the case the applicant is entitled for bail as his involvement in offences alleged is not based upon any cogent material and sounds false implication. The application is opposed by the learned APP by stating that there is a material regarding prima facie involvement of the applicant for commission of offence for which he is arrested. It is urged that both the victim and the applicant being of the same village and there is likelihood of tampering of prosecution evidence. The submission made by the learned counsel for the applicant are prima facie found to be correct after perusal of the material in the chargesheet regarding the husband of the applicant having not taken any prompt steps for searching of his wife and not lodging report about missing of his wife at least on next date. The prosecution has not produced any medical record of the victim along with chargesheet. Having regard to these circumstances, the age of the applicant and the manner in which the crime is said to have taken place and character of the prosecution evidence, the discretion deserves to be exercised in favour of grant of bail by imposing the strict conditions. Hence, the order : 4 The applicant is directed to be released on bail in connection with Crime No.71/2010 of Chikhaldara Police Station upon furnishing P.R. Bond in the sum of Rs.25,000/- with two solvent sureties in like amount and subject to the conditions that applicant - (i) shall stay outside the village Khandurkheda and shall file an affidavit regarding place at which he would be staying and shall not leave the same without the permission of the trial Court; (ii) shall attend the investigating officer in between 11.00 am to 2.00 pm on alternate day and, thereafter, first 15 days and, thereafter, on every Monday until further order, (iii) shall not indulge in any activity of tampering prosecution evidence, (iv) shall not commit any offence while on bail. The application stands disposed of. Hamdast allowed. JUDGE Gulande