sns 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1119 OF 2011 IN CRIMINAL APPEAL NO.899 OF 2011 WITH CRIMINAL APPEAL NO.928 OF 2011 WITH CRIMINAL APPEAL NO.929 OF 2011 Yogesh M. Thopate ..Applicant. v/s. The State ..Respondent. Mr. Nitin Sejpal a/w Ms Pooja Bhojne, advs. for the Applicants. Ms G.P.Mulekar, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 29th September, 2011 PC : 1 Applicant, who is original accused no.1 seeks bail pending his appeal against the conviction for the offence punishable under Section 376IPC and sentence of imprisonment of 10 years as well as conviction under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and punished with R.I. for five years. 2 According to the prosecution, accused nos. 1 to 7 had entered into conspiracy and as a result of that conspiracy, accused no.1 took her to the house of accused no.3 under the pretext that he would show her photographs taken by the accused no.2 on the mobile and to delete the sns 2 same. Having taken her to the house of the accused no.3, he forcibly committed rape on her on 30.10.2009. She was only aged about 14 years and belongs to the Scheduled Caste. Because of threats and fear for quite sometime, she did not lodge the report with the police. However, accused persons continued to torture her and finally, she lodged report with the police on 24.12.2009. After investigation charge-sheet was filed against the seven accused persons. While the accused no.1, who is the present applicant, had allegedly committed rape on her. Others were said to be parties to the conspiracy and to have assisted him. The medical report goes to provide some corroboration to her testimony. The learned counsel for the applicant contends that remaining accused persons, who were on bail during the trial, have been granted bail pending the appeal also. According to him, there is no material on the basis of which the present applicant could have been convicted and, therefore, he should also be granted bail. 3 Looking to the facts and circumstances of the case, there appears some corroboration to the testimony of the prosecutrix in the form of medical evidence. The learned counsel could not point out any reason why the prosecutrix, who was just aged about 14 or 15 years at the time of incident would make false allegations of rape against the present applicant. The applicant was not granted bail even during the trial. In my opinion, it is not a fit case to grant bail to the applicant. sns 3 4 Application stands rejected. 5 As the accused is in jail for the last about 1 year and 9 months, appeal be listed for final hearing as soon as paper-book is ready. (J.H.BHATIA, J.)