..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.452 OF 2008 IN CRIMINAL APPEAL NO.342 OF 2008 Jitu Barsati Varma. ..Applicant. Versus State of Maharashtra. ..Respondent. .... Mr.Nevine Deboo, Adv. for the Applicant. Mr.Rajesh More, APP, for the State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 29th April, 2008. DATED : 29th April, 2008. DATED : 29th April, 2008. P.C.: 1. Heard the learned Counsel for the Applicant-orig.accused and the learned APP for the State. 2. The applicant-orig.accused has been convicted under Sections 376 & 452 of IPC. The applicant is now seeking bail. 3. The case of the prosecution is that the applicant committed rape on the prosecutrix. According to the prosecutrix the applicant came at about 5:00 a.m. to her house. He gave a call whereupon she opened the door. Thereafter the ..(2).. applicant pushed her inside the house, closed the door, lay her on the ground, removed her clothes, and committed forcible sexual intercourse. It is seen that there are no injuries at all, not even a minor injury on the body of the prosecutrix. Moreover, as per the evidence of the prosecutrix she had gone to sleep with her children. If the sexual intercourse was against her will, the prosecutrix would have resisted and would have raised shouts and put up some struggle. If the shouts would have been raised by the prosecutrix, her children would have been got up and came to her rescue. Moreover, it is seen that the house of the prosecutrix was situated in a thickly populated area. It has come on record that one can hear the shouts from the house of the prosecutrix. It has also come on record that there is public water tap the ground floor where water used to flow from 4:00 a.m.. The incident had occurred at about 5:00 a.m. If some resistance was put up by the prosecutrix and she had shouted for help, people who were nearby would have heard her shouts and came to her help. 4. The learned Counsel for the applicant ..(3).. states that the maximum sentence imposed on the applicant is four years and the appeal is not likely to be heard in the near future. He further submitted that the applicant was on bail during the trial and he has not misused the liberty granted to him. This statement has not been controverted by the prosecution. 5. Looking to all the above facts, the medical evidence and the other facts and circumstances of this case, I am inclined to grant bail to the applicant. 6. On the applicant depositing the fine amount, the Applicant - Jitu Barsati Varma to be released on bail in the sum of Rs.20,000 (Rs.Twenty Thousand Only) with one or two sureties to make up the said amount. The applicant shall report to Deonar Police Station once in a month till disposal of his appeal. 7. Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)