( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3480 OF 2010 Bhagwan s/o Rama Jawale, R/o Khadki, Tq. Wadwani, District Beed. APPLICANT VERSUS The State of Maharashtra, through Police Inspector, Police Station, Wadwani, Tq. Wadwani, Dist. Beed. RESPONDENT .... Mr. S.S. Thombre, advocate for the applicant. Mr. V.D. Godbharle, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 7th September, 2010] PER COURT : 1. This is an application for bail under section 439 of the I.P. Code. 2. The applicant is arrested in connection with crime No. 59/2010, registered at Wadwani Police Station for offence punishable under section 377 and 506 of the I.P. Code. The applicant is a youth and allegedly, committed unnatural act of carnal intercourse with a small boy aged about nine (9) years. ( 2 ) 3. The learned advocate for the applicant would submit that the applicant is ready and willing to reside at Beed and will not enter village locality until conclusion of the trial. He undertakes that the applicant will report his presence to the concerned Police Station at Beed, if he is released on bail. He would submit that the delay caused in lodging of the FIR shows manipulation and the applicant is likely to suffer the detention during the trial without any substantial reason. 4. Perusal of the investigation papers prima facie indicates that no visible injury was found on the person of the victim. The FIR was lodged after a couple of days and the victim was medically examined on 15th July, 2010 though the alleged incident is said to have occurred on 13th July, 2010. It appears from the FIR that the incident was immediately narrated by the victim to his aunt and brother. Considering the delay caused and the absence of medical evidence as well as the assurance given on behalf of the applicant, it appears that the applicant is entitled to seek liberty during period of investigation and the trial. 5. In the result, the application is allowed. The ( 3 ) applicant shall be released on bail on furnishing of the bail bonds alongwith one solvent surety in sum of Rs. 25,000/- (rupees twenty five thousand) before the learned Adhoc Additional Sessions Judge-1, Majalgaon and on furnishing of an undertaking that he shall not enter limits of village Wadwani during the period of investigation as well as during the period of trial, if the chargesheet is filed against him. He shall also undertake to reside at Beed and report his presence at City Police Station, Beed on each Sunday between 10 a.m. to 2 p.m. during the above period. He shall not contact any of the prosecution witnesses and shall make no attempt to tamper with the prosecution evidence. [V.R. KINGAONKAR] JUDGE NPJ/criapln3480-10