1 1 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.2551 OF 2008 Pandurang Vasudev Dhoke .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Balkrishna D.Joshi for the applicant. Mr.H.J.Dedia A.P.P. for the State. Ms.Ameeta Kuttikrishnan for the original complainant. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 26TH NOVEMBER, 2008. DATED : 26TH NOVEMBER, 2008. DATED : 26TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and the complainant and the learned A.P.P. for the State. 2. The applicant is seeking anticipatory bail in C.R.No.372 of 2008 of Powai police station, Mumbai. The said crime has been registered against the applicant for having allegedly committed an offence punishable under section 376 of the IPC. 3. It is the prosecution case that the applicant represented to the complainant that he was divorcee and, at the relevant time, he was single. On such representation being made by the applicant, the complainant started residing with him in his flat at Powai. It appears that the complainant is a married woman and her husband is living. During their stay, it is alleged, they had sex on several occasions, and when it transpired that the applicant had not divorced his wife, she filed the instant complaint against the applicant under section 376 of IPC. Having considered 2 2 2 the nature of allegations against the applicant I am inclined to grant this application for anticipatory bail. It needs to be noted that on 11.11.2008 the applicant was directed to report to the concerned police station everyday between 8 and 9 pm and co-operate with the investigation. Learned A.P.P., on instructions, submits that the applicant did report to the concerned police station and now they do not require custody of the applicant for interrogation. Hence the following order: . In the event of arrest, the applicant to be released on bail in the sum of Rs.25,000/- with one or two sureties of the like amount subject to condition that the applicant shall report to the concerned police station on every alternate Saturday between 8 and 9 pm for a period of 90 days from the date of his arrest or till filing of the charge sheet, whichever is earlier. . It is needless to express that it is always open to the State to apply for cancellation of bail if the applicant makes any attempt to tamper with the evidence. The application is disposed of. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case without being influenced by the observations made in this order. 3 3 3 (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)