BA-523-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.523 OF 2011 Atul Santaram Kamble ... Applicant V/s. State of Maharashtra, Thru' Hatkanangale Police Station, Dist. Kolhapur ... Respondent Mr. A.P. Mundargi, Sr. Advocate, i/b. Mr. Jayant Bardeskar for the Applicant. Mr. K.V. Saste, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 25 TH JULY, 2011. P.C. : 1. Heard. 2. I have gone through the F.I.R. and the copy of the Charge-Sheet that is annexed to the Bail Application. 3. Apparently, the Applicant and the victim had sexual intercourse on a number of occasions. Since the age of the victim is below 16 years, a prima facie case is made out against the Applicant. However, there is no medical evidence to support the theory of an intercourse having taken place between the Applicant and the victim. 4. The Applicant is in custody since 19th October, 2010. The trial has not yet commenced. BA-523-11.sxw 2 Dixit 5. When specifically questioned, Mr. Mundargi, the learned Counsel for the Applicant, states that the Applicant is ready to abide by a condition that he shall not stay in the Village in question so as to avoid his coming in contact with the victim and the other witnesses. 6. Considering all the relevant aspects of the matter, I am inclined to release the Applicant on bail, subject to certain conditions. 7. The Bail Application is allowed. 8. 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 enter, or stay in the Village Male (Mudshingi), Taluka Hatkanangale, Dist. Kolhapur, for a period of six months after the release. The Applicant shall not contact, meet or approach any of the prosecution witnesses, in any manner, whatsoever. 9. The trial Court is directed to expedite the trial and complete it within a period of six months from the date of receipt of this order. [A.M. THIPSAY, J.]