:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.293 OF 2008 IN CRIMINAL APPEAL NO.255 OF 2008 Suresh Kisan Chahale. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.V.V.Pai for the Applicant. Mrs.M.H. Mhatre, APP. for the State. CORAM: R.S. MOHITE, J. DATE : 7th July, 2008 PC : 1. Heard both sides. 2. I have gone through the entire judgment and the evidence. According to the prosecution case the prosecutrix who was about 14 years old had borrowed an amount of Rs.20/- from accused Vishnu and since she was unable to repay the said amount, accused Vishnu by taking advantage of the said fact took her into the field and raped her. Her evidence indicates that Vishnu again committed rape under the same pretext after some time. When another co accused Bhanudas learnt about it, he also took advantage and raped her. According to her, the present applicant Suresh was a witness to the act of intercourse and he also started asking her to commit intercourse. Thereafter, there is singular line of evidence that the present applicant committed rape in the jungle. No details are given in the evidence. The :2: evidence indicates that the girl in question did not complain and only after her pregnancy was detected by the doctor, the complaint was lodged in Jan.2003 i.e. after delay of 4 to 5 months. In the circumstances, there is no medical evidence. The present applicant has already been in Jail since the date of the judgment i.e. from 1.8.2005. He has completed about two years in Jail. Taking into account, the aforesaid circumstances and the facts, I am inclined to grant bail to the present applicant. It is therefore, directed that pending hearing and final disposal of the appeal, the applicant be released on bail in the sum of Rs.25,000/- with one surety in the like amount. (R.S. MOHITE, J.)