:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1151 OF 2006 Mr. Yusuf Yasin Sayyed ....Applicant. v/s The State of Maharashtra ....Respondent. ---- Mr. Gopal V. Bhagat for the applicant. Ms. M.M. Deshmukh, APP for the State. ---- CORAM: CORAM: CORAM: V.M. KANADE, J. V.M. KANADE, J. V.M. KANADE, J. DATE: DATE: DATE: 29th March, 2006 29th March, 2006 29th March, 2006 P.C.: 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. The applicant was arrested in connection with C.R. No. I-33/06 registered with Mahatma Fule Chowk Police Station for the offence punishable under section 376 read with section 34 of the Indian Penal Code. 3. It is alleged that the applicant forcibly took the prosecutrix to the hotel and committed rape on her. The medical certificate shows that there are no injuries either on the private part of the prosecutrix or on other part of the body. She had an ample opportunity to get out of the clutches of the applicant. In any case, since the investigation is :2: almost over and according to the learned APP, the charge-sheet is likely to be filed within 15 days, in my view, there is no reason why the applicant should be kept in custody. 4. The applicant be released on bail in the sum of Rs 5000/- with one or two sureties in the like amount. 5. The applicant shall not threaten the witnesses or tamper with the evidence. If any complaint is received by the Investigating Officer to that effect, the Public Prosecutor is at liberty to apply for cancellation of bail. 6. Application is accordingly disposed of. V.M. V.M. V.M. KANADE, J. KANADE, J. KANADE, J.