1 Cri-A-5018-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5018 OF 2010 Mr. Sunil Kumar Goud ... Applicant/Accused vs. The State of Maharashtra (Sahar Police Station). ... Respondent Complainant. Mr. Kuddus Haviullah,Advocate, for the applicant. Mr.Y.M.Nakhwa, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 1st December, 2010. P.C. 1. The application is filed by the accused for bail in Criminal Case No. 517/PW/2010 (FIR No.872/2009 registered with Sahar Police Station) for the offence punishable under Sections 354, 376 read with Section 511 of IPC. The learned Adhoc Addl. Sessions Judge rejected the application mainly on the ground that the applicant and the victim girl are residing in the same locality. 2. Heard the learned Counsel for the applicant and the learned APP and also perused the FIR and other relevant papers. The FIR clearly shows that the accused misbehaved with the 5 year old and tried to insert his finger in her private part. The offence falls under Sec.354 of IPC. There is no material in the FIR to 2 Cri-A-5018-10.sxw show that the accused had made any attempt to commit rape. The offence under Sec. 354 is bailable and therefore the bail cannot be refused. The learned APP contends that the applicant is from U.P. and has no permanent residence in Mumbai. The learned Counsel for the applicant states that the applicant will not enter in that locality. 3. In view of the above, the applicant is granted bail in the sum of Rs. 10,000/- with one surety from Mumbai in the like amount with condition that he shall not misuse the bail, shall not enter Indra Nagar locality and shall report at Sahar Police Station on every first and third Sunday of every month between 11 a.m. to 1 p.m. till the decision of the case. (J.H.BHATIA,J.)