BA-939-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.939 OF 2011 Nanasaheb Subhash Madane ... Applicant V/s. The State of Maharashtra, Thru' Cuffe Parade Police Station, Mumbai ... Respondent Mr. S.G. Rajput for the Applicant. Mrs. R.V. Newton, APP, for the Respondent. The Investigating Officer is present in person. CORAM:- A.M. THIPSAY, J. DATED :- 15 TH JULY, 2011. P.C. : 1. Heard. 2. The Applicant is alleged to have committed offences punishable under Sections 376 IPC, 341 IPC, 342 IPC and 506 (Part II) IPC read with Section 34 of the IPC. The Applicant is in custody since 1st May, 2011. The other accused-one Piyarul Karim Shaikh-is also in custody. 3. The alleged incident of rape has taken place on 25th April, 2011. No report was lodged with the Police at that time. On 28th April, 2011, Sandip Kumar - the brother-in-law of the victim - had a fight with four persons, who were mentioned as 'unknown' by him. The said four persons, allegedly, assaulted Sandip Kumar, BA-939-11.sxw 2 Dixit the said brother-in-law of the victim, and Sandip Kumar, therefore, lodged a report with the Police on the basis of which a case in respect of offences punishable under Sections 323 IPC and 324 IPC read with Section 34 of the IPC was registered. It is thereafter, that the victim reported the matter to the Police about rape having been committed on her by four unknown persons - apparently the same - against whom the complaint of assault was lodged by her brother-in- law Sandip Kumar. 4. The medical examination of the victim did not reveal anything that would support the theory of rape. Further, in the test identification parade, that was held on 7th July, 2011, the Applicant could not be identified by her. The Investigating Officer, who is present in Court, states that the investigation is already over and a Charge-Sheet is likely to be filed within the next two days. 5. Under the circumstances, I am inclined to release the Applicant on bail. 6. The Bail Application is allowed. 7. The Applicant is ordered to be released on bail in the sum of Rs.20,000/-, with one surety in like amount, or two sureties in the sum of Rs.10,000/- each, on the condition that the Applicant shall not visit the Building where the victim and the said Sandip Kumar stay, for any reason whatsoever. [A.M. THIPSAY, J.]