1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5183 OF 2009 Sachin Suresh Kulkarni. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mr.J.D.Mane i/by S.S.Salunke for the Applicant. Mr.A.S.Gadkari, APP. For the State. CORAM : R.S. MOHITE, J. DATE : 19th April, 2010 PC : 1 This is an application for bail. The applicant is shown as an accused in C.R.No.324/2009 registered by Haveli Police Station, Pune for the alleged offences punishable under Sections 367 and 506 of the I.P.C. The applicant has been arrested on 20.5.2009 and is in custody for about 11 months. The allegation is that the applicant by enticing six years old girl by name Pooja to his house, committed rape on her. The incident took place on 9.5.2007 and Pooja is alleged to have reported the 2 incident immediately. The papers indicates that the child was taken to the private hospital on 12.5.2007 and certificate dated 17.5.2009 shows that hymen was intact and there is no injury to the private part. Thereafter, FIR was lodged and the child was again sent for medical examination. This medical certificate also indicates that there was no injury on the private part and the hymen were intact. There is no story of alleged rape reported to the doctor. Another salient feature herein is that in her complaint the mother of the child states that she found nicker of the child stained with semen. These garments were attached and sent to C.A. The C.A. report does not show any semen on the clothes. There is thus version of the child witness which is not corroborated by the medical evidence, but some extent negatived the version of intercourse as given by the child. The police have filed charge sheet in the Sessions Court. Admittedly, the applicant is a young boy of 21 years, who is in custody for 11 months. In the 3 circumstances, I am inclined to grant bail to the applicant. It is therefore, directed that pending his trial in pursuance of C.R. No.324/2009, the applicant will be released on bail in the sum of Rs.15,000/- with one surety in the like amount subject to condition that he will report to the Investigating Officer once in a fortnight on every first and third Monday between 11-AM to 5-OM till the disposal of the trial and on further condition that he will not get in touch with the prosecutrix, his mother and other witnesses and will remain present on all the dates of the trial, unless exempted. 2 Parties to act on a copy of this order duly authenticated by the registry of this court. ( R.S. MOHITE, J.)