( 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. 1255 of 2008 (For Bail) Shamshad Ahmed Mustafa Khan ..Applicant. Vs. The State of Maharashtra ..Respondent. Mr H. R. Sharma, Advocate for the Applicant. Ms M. H. Mhatre, A.P.P. for the State-Respondent. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. DATED : 05.05.2008. DATED : 05.05.2008. DATED : 05.05.2008. P.C.:- P.C.:- P.C.:- 1. Heard the learned counsel for the applicant-accused and the learned APP for the State. 2. Perused applicatin and the material available on record. 3. The applicant-accused is seeking bail in connection with C.R. No.I-120 of 2007 registered with Kashi Mira Road Police Station, for the offences punishable under Sections 376 and 506 of ( 2 ) the Indian Penal Code. 4. Allegations against the applicant is that he has committed offence of rape on his daughter, who is aged 10 years. The complainant is wife of the accused-applicant. The applicant came to be arrested on 15.8.2007. The charge sheet has already been filed. The medical examination of the victim does not show any sign of rape being committed on her. Relation between the husband and wife appears to be strained. The learned A.P.P. could not point out any material against the applicant. There is no material, prima facie, to connect the applicant-accused with the alleged offence. In the above view of the matter, the applicant is entitled for bail on following terms and conditions. a] The applicant detained in connection with C. R. No.I-120 of 2007 be enlarged on bail in the sum of Rs.25,000/- with one or two local solvent sureties to make of the said amount. ( 3 ) b] The applicant shall attend concerned Police Station on every Monday between 11.00 to 12.00 noon till conclusion of the trial. c]The applicant shall not directly or indirectly, make any inducement or threat or pressurise any prosecution witnesses and shall not in any manner tamper with the prosecution evidence. d]The applicant shall co-operate with the Trial Court for disposal of the case. It is needless to mention that breach of any of the conditions by the applicant shall result in cancellation of bail. e] Any observation made in this order shall not be construed as finding or expression on merits of the case at the time of trial. 5. Application stands disposed of accordingly. ( 4 ) (V.C. DAGA,J.) (V.C. DAGA,J.) (V.C. DAGA,J.)