1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Criminal Application No.876 of 2010 [Chandu Marotrao Khawse Vs. State of Mah.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.P. Karia, Adv., for the applicant. Mr. D.B. Yengal, APP for respondent. ----- CORAM : A.H. JOSHI, J. DATE : 08th June, 2010. 1. This is an application for grant of bail. 2. The offences punishable under Sections 376 and 506 of Indian Penal Code were registered against the applicant on the oral report given by prosecutrix – Ku. Suvarna Shriramji Gore. 3. Reading of the First Information Report discloses that about 8-9 months prior to the date of offence, namely before fifteen days of Pola festival, when prosecutrix was alone, the accused entered the house of the prosecutrix and committed forcible sexual intercourse with her, and also threatened her not to tell about the incident to anybody; else she would be killed. 4. According to prosecutrix, on 5-6 occasions after the date of said incident, the prosecutrix and the accused had a sexual intercourse. Last amongst the incidents was two 2 months prior to the date of report. 5. The prosecutrix conceived out of the said sexual intercourse. When the pregnancy was of eight months, she told the accused about the same, who denied conception from him. 6. At this stage, the complaint was lodged, the applicant has been arrested and is in jail. 7. So far, the DNA test is not conducted. 8. In this bail application, applicant claims that he is falsely involved, and on plain reading of the complaint and statement of the prosecutrix recorded by the police, the story of rape appears to be highly improbable. 9. Heard. 10. It is seen that if the first incidence of sexual intercourse was forcible, and was not disclosed by the prosecutrix due to threat to her life, no explanation is coming forward as to how she could permit the accused for sexual relationship on 5-6 occasions thereafter. 11. According to medical report, when the prosecutrix was not used to sexual intercourse, however, as per the version of the prosecutrix, she has undergone the process of sexual intercourse for 5-6 occasions after the first act of rape, prima facie, it becomes hard to 3 swallow that the relationship – subject-matter could be forcible. It would, however, be open to the prosecutrix to prove her contention and the charge, however, at this stage, what prima facie appears to this Court is that there are chances of ultimate conclusion being drawn that the accused may not be involved in the act of commission of offence complained of. 12. In this background, the applicant is entitled to be released on bail. 13. The applicant be released on bail on furnishing a Personal Bond and a solvent surety in a sum of Rs.25,000-00 [rupees twenty-five thousand only]. The applicant shall not leave the village Jalalkheda without furnishing to the Police Station concerned his address during his travel outside the said village until completion of investigation. 14. Hamdast is allowed. Judge |Hedau| 4