1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.497 OF 2010 IN CRIMINAL APPEAL NO.269 OF 2010 Shri Prabhuram Babutram Chaudhary .... Applicant. V/s The State of Maharashtra & Anr. .... Respondents. Mr. Prakash Naik with Mr A.S. Rajadhyaksha for the applicant. Mr. S.R. Shinde, APP for the State. CORAM: V. M. KANADE, J. DATE : 10TH JUNE, 2010 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been convicted by the trial court for the offence punishable under section 376 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for seven years. He is further convicted under section 342 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for one year. He is also convicted under section 506 Part-II of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three months. He is also 2 directed to pay the fine. 3. Prosecution case is that the prosecutrix was called by the applicant in his house on the pretext that his wife had asked her to meet her and after she went to his room, he committed rape by threatening her. FIR is lodged after about 11 days. 4. The learned Counsel appearing on behalf of the applicant submitted that the applicant was on bail during trial. He submitted that apart from sole testimony of the prosecutrix, the other evidence does not support the prosecution case. He submitted that medical evidence and the Chemical Analyser’s report does not support the prosecution case and, therefore, applicant deserves to be released on bail. 5. The learned APP Shri Shinde, on the other hand, invited my attention to the statement of the prosecutrix as also the First Information Report. He submitted that this is not a fit case for grant of bail. 6. In my view, there is some substance in the submissions made by the learned Counsel for the applicant. Applicant was on bail during trial. The entire prosecution case rests on the sole testimony of the prosecutrix. The medical evidence and Chemical Analyser’s report does not support the prosecution case. Under these circumstances applicant is 3 entitled to be released on bail. 7. Applicant be released on bail on execution of P.R. Bond in the sum of Rs 5000/- with one or two sureties in the like amount. 8. Application is disposed of. (V.M. KANADE, J.)