..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2350 OF 2008 Abdul Imam Bashq Mandal. ..Applicant. Versus Versus Versus The State of Maharashtra ...Respondent. .... Mr.Santosh Singh, Adv. for applicant. Mr.H.J.Dedia, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 24th July, 2008. DATED : 24th July, 2008. DATED : 24th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.162 of 2008 of Nalasopara Police Station, Thane. The said case is mainly under Section 376 of IPC. 3. The case of the prosecutrix is that the applicant came into her house and committed rape on her. The statement of the prosecutrix clearly implicates the applicant. 4. The learned Advocate for the applicant ..(2).. submitted that the applicant was in his own house at the time of the incident and he has been falsely implicated. In support of his contention, he has placed reliance on the affidavit of the wife of the applicant, wherein it is stated that the applicant was present in his house at the time of the incident. In my view, this plea of alibi cannot be considered at this stage and same would have to be proved by the applicant during the trial. 5. The learned Advocate for the applicant further submitted that there was no injury on the body of the prosecutrix. The medical certificate of the applicant shows various injuries on his body. However, it is true that there were no injuries on the body of the prosecutrix. The prosecutrix was a married lady. Moreover, the applicant has threatened her that he will kill her if she put up any resistance or raise shouts. In such case, it is not expected that the prosecutrix would have any injuries. The material on record clearly implicates the applicant. ..(3).. 6. Hence I do not think that this is a fit case to grant bail at this stage. Application for bail is rejected. Liberty to the applicant to prefer a fresh application after the C.A. report is received. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)