- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 655 OF 2008 Lal Notandas Tanwani Applicant vs. State of Maharashtra Respondent Mr. Shirish Gupte i/b Sharmila Kaushik, Advocate for the applicant. Mr. D. P. Adsule, APP for the respondent. CORAM : D. G. KARNIK, J. DATE : MARCH 17, 2008. PC 1. Heard. 2. Applicant is arrested and is in custody since 23rd November 2007 in connection with C.R. No. I-261 of 2007 registered at Ulhasnagar Police Station for the alleged offence punishable under section 376, 342 and 506 of Indian Penal Code. 3. Prosecution case in short is that, applicant is a teacher who runs private coaching clasess. Prosecutrix was his student, attending the classes. In the month of - 2 - January 2007 the applicant called the prosecutrix in a room on the pretext of giving notes and raped her in the said room. Thereafter she was again raped iby him in similar fashion in May 2007 and and in November 2007. First information report was lodged on 23rd November 2007, whereupon the applicant was arrested and is in custody since then. 4. Though the first incident of alleged rape took place in January 2007 the prosecutrix did not complain to the police, nor to her parents, nor anybody for more than 11 months. There is gross delay in lodging the FIR. If the prosecutrix was allegedly raped in January 2007 there was no reason for her to go to the applicant alone in May 2007 and in November 2007. Copies of SMS, text messages sent by the prosecutrix on the mobile of the accused go to show the probability of consensual relationship. The applicant complained only when her brother-in law noticed her in November 2007 coming out of the building where the applicant allegedly had intercourse with her. 5. Taking into consideration the fact that there is prima-facie material showing a consensual relationship of prosecutrix with the applicant and the fact that the applicant was more than 16 years old, even in January 2007 when she had first intercourse, in my view, applicant is - 3 - entitled to bail. Hence, I pass following order. _O_R_D_E_R_ . The applicant be released on bail, on furnishing personal bond of Rs.25,000/- with one or two sureties aggretating the like amount, subject to conditions that the applicant- (i) shall not make any inducements or threats to the prosecutrix and shall not in any way contact her till the conclusion of the trial; (ii) shall attend the concerned police station once a month between 1st and 5th day of British Calender month and (iii) shall not change his residence without prior intimation to the police. II. It is clarified that all the above observations are prima-facie and the trial Court shall not be influenced in any of them at the time of trial. Sd/- [ D. G. KARNIK, J.]