1 Cri.Appln.No.1262/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1262/2011 Rajendra s/o Dnyandeo Lakade ­ APPLICANT VERSUS The State of Maharashtra ­ RESPONDENTS ***** Mr.NV Gavare, Advocate for Applicant; Mr.KM Suryawanshi, APP for State. ­­­­­ CORAM : K.U.CHANDIWAL,J. DATE : 11th April, 2011. PER COURT : 1) Heard finally. 2) In Crime No.I­6/2011, the accused/applicant is seeking bail for an offence under Sections 376, 341, 506 of Indian Penal Code. 3) At the outset, learned APP submits, charge sheet is filed and the accused/applicant may undergo trial before the learned Sessions Judge. 4) Having read the F.I.R. Of the victim 2 Cri.Appln.No.1262/2011 dated 8th January, 2011 for the events dated 6.1.2011, the case coined by the victim of sexual abuse, does not now warrant custody, since charge sheet is filed. 5) Mr.Gavare submits that the case more leans to a consensual sex. At this stage, consensual sex cannot be commented to with the vigour and velocity. The belated F.I.R. And the prosecutrix remaining in the company of the accused/applicant throughout the night in nearby field speaks volume. 6) Mr.Gavare also submits that the victim, her husband and other family members, including the accused/applicant, are labourers engaged in sugarcane harvesting and after the season, everybody has left to their respective destinations/villages or abode. Consequently, least chances of accused/applicant influencing or terrorizing the victim. 7) Taking all the aspects into consideration, the accused/applicant being in custody from 8th January, 2011, charge sheet is filed, the parties are now residing at difference places, the accused/applicant deserves bail. Hence order. 3 Cri.Appln.No.1262/2011 9) The applicant/accused – Rajendra s/o Dnyandeo Lakade, be released on his furnishing PR bond and a surety in the sum of Rs.20,000/­ (Rupees twenty thousand). The applicant/accused after release shall attend the investigator on every last Sunday of the month till conclusion of the trial. He shall not influence or coerce the witnesses. The applicant/accused shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ( K.U.CHANDIWAL ) JUDGE bdv/