1 CA-4729.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE  CRIMINAL CRIMINAL APPLICATION NO.4729 OF 2010 Tauseef Jabbar Pathan .... Applicant Vs. State of Maharashtra .... Respondent Shri E.R. Naik for the Applicant. Ms P.H. Kantharia, APP, for the State. CORAM: R.C. CHAVAN, J. DATED: NOVEMBER 24, 2010 P.C: The applicant, step-son of the prosecutrix, claims bail in the offence of rape of his step-mother. The allegation is that the applicant used to force his father to sleep outside and used to rape his step-mother continuously for a period of three months before she gave a report. The reports from the forensic science laboratory do not show any stains of semen on the victim's clothes or the quilt which was in the house. The investigation is complete and the charge-sheet has been filed. The learned APP submits that the applicant has a criminal history and has been convicted and sentenced to suffer RI for six 2 CA-4729.10 months in the year 2005 in an offence of theft. That offence in the year 2005 cannot be used for detaining the applicant pending his trial given the nature of the allegations made and the evidence collected. In view of this, the applicant be released on bail in C.R. No.I-103/2009 of Bazarpeth Police Station, Kalyan (W), District Thane on his furnishing P.R. Bond in the sum of Rs.50,000/- with one or more solvent sureties in the sum aggregating toRs.50,000/- on the condition that he keeps himself outside Kalyan Taluka and shall enter Kalyan Taluka only for the purpose of attending the trial. The applicant shall inform to the I.O. the address of the place where he would be staying outside Kalyan Taluka and shall report at the nearest police station on the first and third Sundays of every month in between 10:00 a.m. and 1:00 p.m. till the trial is over. The application accordingly stands disposed of. (R.C. CHAVAN, J.)