1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.674 OF 2011 (DHARMYA @ DHARMENDRA DHANRAJ KALSARPE //VS// STATE OF MAH. THR. PSO RAMTEK) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.K. Sable, Advocate for Applicant. Mr. M.J.Khan, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : DECEMBER 08, 2011. Heard both sides. This is an application under Section 439 of the Code of Criminal Procedure for releasing the accused on bail against whom offence bearing Crime No. 62 of 2011 is registered with Police Station, Ramtek, District : Nagpur for the offence punishable under Sections 448 and 376 of the Indian Penal Code. The prosecutrix, aged about 22 years, resident of Panchala was alone present in her house. It was a noon time. The accused went to her house, grappled her, carried her inside the house and forcibly committed sexual intercourse with her. On the same day first information report was lodged. The prosecutrix was medically examined. Six injuries in the nature of contusions on left scapular region, right scapular region, right buttocks, left buttocks, right thigh etc. were seen. It is the contention of the learned counsel for the applicant that the applicant has been falsely implicated because of enmity. Second ground on which bail is claimed is that the prosecutrix is married and staying in her matrimonial house in different village. 2 Perusal of the averments in the first information report and the medical report it appears that there exist prima-facie case against the applicant/ accused. At this stage it cannot be said that lodging of the first information report is an out come of enmity between families of the prosecutrix and the accused. Secondly, the fact that the prosecutrix has been already married and staying in different village is also not relevant. Considering the gravity and nature of the charge, the applicant is not entitled for his release on bail. The application is rejected. JUDGE RR..