BA-832-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.832 OF 2011 Jitendra Ramujagir Mishra ... Applicant V/s. The State of Maharashtra, Thru’ Manpada Police Station, Kalyan ... Respondent Mr. R.D. Suryawanshi for the Applicant. Mrs. S.D. Shinde, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 28 TH JUNE, 2011. P.C. : 1. Heard. 2. The Applicant has been arrested on the allegation of having committed rape on the First Informant. The victim, who is aged 19 years, was working as a 'Nurse' with the Applicant, who is a Doctor. The allegation against the Applicant is that, on 12th February, 2011, the Applicant took the victim to a room on the second floor of one residential complex and committed rape on her. 3. The contention of Mr. Suryawanshi, the learned Advocate for the Applicant, is that version in the F.I.R. is not believable particularly because the medical examination of the victim does not show any injuries on her private parts or the rest of the body. He submitted that the allegation that the Applicant held both the BA-832-11.sxw 2 Dixit hands of the victim by his one hand, removed her clothes by the other hand and committed the act against her wishes is not believable. He also submitted that the F.I.R. came to be lodged only after two days from the date of the incident. 4. The learned APP submitted that since the F.I.R. makes out a prima facie case against the Applicant and since the learned trial Judge has directed the trial to be expedited, the Applicant may not be released on bail at this stage. 5. It is true that the absence of injuries on the body of the victim would not negative the theory of rape. However, in the instant case, the victim claims that she attempted to resist and, in fact, put up resistance. It is also interesting to note that, though both her hands had been held by the Applicant, she could remove one hand from the clutches of the Applicant when her cell phone rang, and she could actually receive the call. This, according to her, took place when the act of rape was going on. 6. I have carefully considered the matter from all angles. In my opinion, it would be proper to release the Applicant on bail, subject to certain conditions. 7. The Applicant is ordered to be released on bail in the sum of Rs.30,000/-, with one surety in like amount, on the condition that the Applicant shall not contact, meet or approach any of the prosecution witnesses, in any manner, whatsoever. 8. The learned trial Judge is directed to expedite the trial and complete it within a period of nine months from today. [A.M. THIPSAY, J.]