mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 714 OF 2008 Sunamiya Noor Mohammed Malik .. Applicant versus State of Maharashtra .. Respondent ... Mr.M.S.Prasad for the applicant. Mr.K.V.Saste APP for the State. CORAM : D.G.KARNIK, J DATED : 26th March 2008 P.C.: 1. Heard. 2. The applicant seeks bail in connection with C.R.No. 385 of 2007 for the alleged offence punishable u/s.377 and 506(II) of the Indian Penal Code. 3. The alleged victim is a young boy of 6 to 7 years. On 28th August 2007, his father lodged a FIR to the police that on 21st August 2007, his son told him that he was having pain at the anus. First Informant examined the anus which was found to be reddish. He therefore made further enquiry when the victim told him that two months ago, on the rainy day, the applicant had an unnatural offence on him. The applicant threatened him to kill him if he disclosed it to anybody and therefore he had not complained about the same. The victim further told his father that thereafter the applicant used to have unnatural intercourse with him on several occasions on holidays and he last has such intercourse about five days ago. 4. The victim was sent for medical examination and the copy of the medical examination report is at page 28. The doctor has opined the sphineter was normal and there was no injury to anus. The doctor has further opined that the victim was not accustomed to anal intercourse and there was no funnelling. Thus prima facie the medical evidence does not suggest that the victim was subjected to repeated anal intercourse as alleged. If the offence was repeated on several occasions, as alleged, the report of the medical examination would have been otherwise. 5. Taking into consideration the nature of material on record which does not directly implicate the applicant to the crime and also taking into consideration the fact that there are no allegations that the applicant is likely to abscond and would not be available for trial if released on bail, in my view, the applicant is entitled to bail. Hence, I pass the following order:- O R D E R . The applicant be released on bail on personal bond of Rs.20,000/- with two sureties of the like amount subject to the following conditions:- i) The applicant shall not change his present place of residence without prior intimation to the police. ii) The applicant shall attend the concerned police station once a month between 1st and 5th day of British Calendar Month till the conclusion of the trial. iii) The applicant shall not make any inducement nor give threats to any of the prosecution witnesses. . Any breach of the conditions would result in cancellation of the bail. (D.G. KARNIK, J)