1 ba1687.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1687 OF 2011 Shri Balam alias Ankush Anil Chawan ...Applicant. Vs. State of Maharashtra ..Respondent Shri Vallabh Panchpor i/by Shri Sushil Nimbkar for the Applicant. Shri Y.M. Nakhawa for the Respondent. CORAM : J.H. BHATIA, J. DATE : 16TH NOVEMBER, 2011. P.C. 1. Heard the learned Counsel for the applicant and the learned APP. Perused the police papers. 2. According to the prosecution, on 30th December, 2011 the present applicant and his companion Manoj under threats abducted the prosecutrix, who is a girl aged about 14 years and then repeatedly both of them committed rape on her. Initially, due to fear she did not disclose this fact to anybody. However, on 4th January, 2011, she disclosed this fact to the mother and also lodged FIR and Crime No. 3 of 2011 came to be registered under section 363, 376(2)(g), 506(2) read with section 34 of Indian Penal Code at Hadapsar Police Station against both the accused. As per the medical report as well as the Municipal record she was aged about 14 years. 2 ba1687.11.sxw The medical report reveals number of healed injuries on her person, as well as the injuries to the private part. The learned Counsel for the applicant has doubt about the age of the girl as well as the reasons of non disclosure of the incident for four days. These matters can be looked into at the time of trial. Admittedly, the investigation is completed, charge sheet is filed. Not only that, the charge is also framed and case is fixed for evidence. In such circumstances, it will not be in the interest of justice to grant bail to the applicant at this stage. 3. Therefore, the application stands rejected. 4. The trial Court shall expedite the trial and dispose of the case as early as possible and preferably by the end of January, 2012. ( J.H. BHATIA , J.)