IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 66/2009. (Shrawan Deshmukh ..vs.. State of Mah. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 8 th May, 2009 Heard Shri Naidu, Advocate for applicant and Shri Sonare APP for state. This is an application under section 439 of I.P.C. for grant of bail. Applicant is accused of the offence punishable under section 376 of IPC arising out of crime no.196/2008 of P.S. Karanja, district Wardha. The report was lodged on 1.12.2008 that the accused has committed rape on prosecutrix. At that time she was allegedly carrying for 7 months. The age of the prosecutrix at the relevant time of alleged rape seems to be about little more than 16 years. The circumstances are such that theory of consent can not be overruled. In these circumstances, applicant would be entitled for bail, as to the evidence of prosecutrix no corroborative piece of evidence could be pointed out. Applicant be released on bail on his furnishing PRB and surety of Rs.25000/- subject to conditions that he shall not directly or indirectly tamper with the prosecution evidence and shall keep himself away from the village Anjandevi, until further orders. Bail in lower court. Application stands disposed of. It is made clear that the observations made above are in prima facie view of the matter, hence shall not influence the learned trial Judge while deciding anything on merits. Hamdast granted. JUDGE smp