1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3758 OF 2008 Prabhu Uttamchand Jodhwani .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Shirish Gupte for the applicant. Mr.J.P.Yagnik A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 12TH NOVEMBER, 2008. DATED : 12TH NOVEMBER, 2008. DATED : 12TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.464 of 2008 of Pimpri police station, District Pune. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 328, 376, 506(1) and 507 of the IPC. The prosecution case is that the applicant is Vice-Chairman of Seva Vikas Co-operative Bank to whom, the prosecutrix - Jyoti Gujrathi had approached for loan. The applicant developed some liking for the prosecutrix. On 17.8.2008, which was Sunday, she was called in the bank in connection with the loan, she had applied for. From there they went to some restaurant where the applicant allegedly consumed wine 2 2 2 and she consumed some cold-drink. After consuming the cold-drink she started feeling giddiness and then slept for the 4-5 hours and after she woke up she realised that the applicant committed rape on her. This incident occured on 17.8.2008. The FIR was lodged on 13.9.2008. The prosecutrix is 33 years old. The delay in filing the FIR is not satisfactorily explained by the prosecutrix. In view of the delay there is no medical evidence on record supporting the prosecution case. Keeping that in view and considering overall facts and circumtances of the case I am inclined to enlarge the applicant on bail: . The applicant be released on bail in the sum of Rs.50,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every Saturday between 10.00 a.m. and 11.00 a.m. till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)