{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.536 OF 2010 Rajabhau s/o Ramkishan Khodve Age-25 years, Occ-Agri R/o Yelda, Tq-Ambajogai Dist-Beed APPLICANT VERSUS The State of Maharashtra Through police Inspector, Police Station Ambajogai (Rural) RESPONDENT ....... Mr.N.L.Jadhav, Advocate for applicant Mr.B.J.Sonawane, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 18th February 2010 PER COURT: 1. By this application, the applicant has prayed to release him on bail in connection with CR No.95/2009 registered with Ambajogai (Rural) police station, as the applicant is arrested on 23.09.2009 and the FIR of the incident dated 14.09.2009 is registered on 21.09.2009. It is also informed that after completion of the investigation charge sheet has been filed on 09.12.2009. 2. Heard learned counsel for the applicant and learned APP. Also perused the papers of investigation. 3. It appears that the complaint has been lodged after a {2} period of 7 days of the incident. It further appears that though prosecutrix has stated the role played by the applicant in detail and the complaint is lodged on 21.09.2009, yet she was referred for medical examination on 23.09.2009. The spot Panchanam though supports the prosecution case, yet when the prosecutrix was examined medically, no external injury was found on her person. Though there is possibility that the injury which might have been caused during the incident, as the said act is alleged to be forceful, the same might have been vanished within the span of one week, yet not even any signs or marks of injury are noticed during the medical examination. 4. Considering all the aspects and in view of the fact that now the investigation is over, there is no propriety in keeping the applicant behind the bars, as there are no chances of tampering of evidence. 5. In the result, the application is allowed. The applicant be released on bail on his furnishing surety in the sum of Rs. 20,000/- and on executing PR bonds in the like amount. Applicant is directed not to enter the village Yelda till disposal of the trial. Violation of this condition would entitle the prosecution to apply for cancellation of bail. [A.V.POTDAR, J.] drp/A10/criapln536-10