1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2513 OF 2010 Kabir Hasan Shaikh, Age-35 years, Occu-Driver, R/o.Khadki, Kopargaon, Tal.Kopargaon, Dist.Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mrs.A.N.Ansari, learned counsel for applicant. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 27/07/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.73/2010, registered in Kopargaon Police Station, in which he came to be arrested on 24/02/2010, and after completion of investigation, charge sheet was filed, thereafter the trial was committed to the Court of Sessions and numbered as Sessions Case No.16/2010, pending on the file of Additional Sessions Judge, Kopargaon, Dist. Ahmednagar. 2 2. Heard learned counsel for applicant, learned APP for State. Perused the papers of investigation till carried out. 3. The complaint came to be lodged by the mother of the victim Parween Pathan about the incident which took place in the afternoon of 22/02/2010 that during the night hours, the small female child of the complainant was lured under the temptation to provide some eatable items at the residence of applicant, where the small child was sexually ravished. It appears that on 23/02/2010, this incident was reported in the police station, and on that basis, crime was registered against applicant, and he was arrested on 24/02/2010. 4. Papers of investigation discloses that immediately after reporting the said incident in the police station, the prosecutrix was medically examined by the Medical Officer in the presence of complainant, the mother of the victim. After arrest of applicant on 24/02/2010, he was also medically examined. Papers of medical examination of the prosecutrix as well as the applicant do not show any evidence of sexual ravishment. Considering the tender age of the prosecutrix, there are no chances of concealing the evidence by 3 any artificial means and that is why it appears that the offence punishable u/s. 511 of The IPC was added later on. In view of this fact, as now the investigation is over and the trial against the applicant is committed to the Sessions Court, there are no chances of tampering of evidence at the hands of applicant. Applicant is behind bars for considerable period. Considering all these aspects, following is the order - O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/-and on executing PR bond in the like amount. 3. After released on bail, applicant not to contact the complainant or the minor victim. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JULY 2010/cri-appl-2513-10