{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2253 OF 2010 Vilas Sahebrao Gilbile Age-48 years, Occ-Agril R/o Shekapur, Tq-Bhoom Dist-Osmanabad APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr. S.A.Wakure, Advocate for the applicant Mrs.V.A.Shinde, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 15th July 2010 PER COURT: 1. By the present criminal application, the applicant has prayed to release him on bail in connection with CR No.15/2010 registered with Paranda police station for an offence punishable u/s 376 and 323 of the Indian Penal Code, as the applicant is in jail since 11.02.2010. It is informed that in this offence, after completion of the investigation, charge sheet has been filed before JMFC, Bhoom on 19.04.2010 and the case is numbered as RCC No.51/2010. {2} 2. Heard learned counsel for the applicant followed by the submissions of learned APP. Perused the papers of investigation. 3. It appears that the said offence is registered on the basis of the complaint lodged by the prosecutrix, daughter in law of the brother of the applicant. It is alleged that in the after noon of 10th February 2010, when the complainant was in the field, the applicant came there and made certain suggestive remarks and under the pretext to see the crop called her in the standing crop where she was sexually ravished by the applicant. Considering the relations between the complainant and applicant, the allegations are serious in nature. It is alleged that the complainant had kicked on the hand of the applicant, which was having plaster. It is alleged that though the hand of the applicant was in plaster, yet he succeeded in committing rape on the complainant. When the matter was reported to the father in law of the complainant, she was referred to a hospital and thereafter on the next day the present complaint came to be lodged. Thereafter the applicant came to be arrested and both, the applicant and the prosecutorix, are examined medically. 4. One cannot be oblivious of the fact that though the prosecutrix was examined medically yet no marks of violence or any signs of resistance or injury marks are found on her person . The medical papers require to be considered in the light of the {3} allegation that the incident has taken place in a standing crop in an agricultural field. If the statement of the complainant is to be believed, then it has to be corroborated with the medical evidence. However, the medical evidence, on the face of it, does not support the allegations against the applicant. No doubt, the CA report is still awaited, however fact remains that the medical evidence does not support the case of the prosecution. In the premise and in view of the fact that now the investigation is over, case is made out to enlarge the applicant on bail. 5. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in sum of Rs.15,000/- and on executing PR bond in the like amount, if not required in any other offence. The applicant is directed not to contact the prosecutrix or her close relatives. [A.V.POTDAR, J.] drp/B10/criapln2253-10