{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3796 OF 2009 Dattatraya Bhagaji Mehtre Age-35 years, Occ-Business & Agri R/o Akolner, Tq-Nagar Dist-Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.R.N.Dhorde h/f Mr.B.T.Bodke, Advocate for applicant Mrs.Yogita M.Kshirsagar, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 20th November 2009 PER COURT: 1. By the present application, the applicant, who is an accused in CR No.212/2009 registered with Kotwali police station, Ahmednagar for an offence punishable u/s 376 & 452 of the Indian Penal Code, has prayed to release him on bail. 2. The present application is filed by the applicant after the earlier application No.2384/2009 was withdrawn on 12th August 2009 with a liberty to move this Court after filing of the charge sheet. 3. As notice of the application was already served on the State, the learned APP has made available the papers of investigation for my {2} perusal. 4. Heard learned counsel for the applicant followed by the submissions of the learned APP for the State. 5. It appears that this offence came to be lodged on a compliant of one Smt.Kalpana Digambar Kashid, who is deserted by her husband and her petition for maintenance is pending in the Court of Kopargaon, who resides with her two mentally detoriated daughters. On 22.06.2009 when she had gone to attend her case in the Court of JMFC, Kopargaon leaving behind her two daughters, it is alleged that the applicant, who is a milkman who regularly supplies milk at the residence of the complainant, in her absence went into her house and sent the younger daughter outside on the pretext of purchasing some biscuit and then ravished the elder daughter Supriya, aged about 17 years. Pursuant to the compliant investigation was carried out and the prosecutrix was referred for medical examination. It appears that after completion of the investigation charge sheet was filed in the court of law. 6. During the course of submission it is urged on behalf of the applicant that if the story of the prosecution is to be believed then it must be supported by medical evidence. According to learned counsel for the applicant, the medical evidence does not support the prosecution case, as no injuries are found on the private part of the prosecutrix. So also the swab collected from the private parts, pubic hair, blood sample of the victim along with sample of semen was sent for examination. The CA report, which is received today, is negative. In the premise it is a case of doubt / suspicion. {3} 7. Learned APP, while opposing the application, vehemently urged that the mentally deteriorated girl was ravished and sexually abused by the applicant, who is acquainted with her and as per the disclosure in the complaint, the applicant was aware of the fact that the complainant will not be at home on that day and taking disadvantage of the faith, as he is regularly visiting at the residence of the complainant for suppling milk, he has committed the despicable crime and hence it is urged that the application be rejected. 8. Without adverting to other part of the evidence collected during the investigation, it is to be noted that not only the medical evidence, but also the report of the CA is not supporting the case of the prosecution. If the allegations made in the complaint are accepted, then at least there must be some medical evidence and the report of the CA to support these allegations. In this case the medical evidence as well as the CA report are not supporting the prosecution case and hence case is made out to exercise discretion to enlarge the applicant on bail. 9. In the result, the application is allowed. The applicant be enlarged on bail on furnishing solvent surety in the sum of Rs.20,000/- and on executing PR bond in the like amount. The applicant is prohibited from entering in part of Ahmednagar city known as Kedgaon, till the commencement of the trial. Application stands disposed of accordingly. [A.V.POTDAR, J.] drp/criapln3796-09