{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3306 OF 2009 Vishnu Sahebrao Mundhe Age-32 years, Occ-Agriculture R/o Bhogalwadi, Tq-Dharur Dist-Beed APPLICANT VERSUS The State of Maharashtra Through Police Station, Dharur Dist-Beed RESPONDENT ....... Mr.S.J.Salunke, Advocate for applicant Mr.N.R.Shaikh, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 12th November 2009 PER COURT: 1. By the present application, the applicant, who is an accused in CR No.33/2009 registered with Dharur Police station for an offence punishable u/s 376, 452 and 506 of the IPC, has prayed to release him on bail. 2. Heard learned counsel for the applicant followed by the submissions of learned APP. {2} 3. Learned counsel for the applicant has urged that the applicant be released on bail mainly on the ground that now the investigation is over and the charge sheet is filed and since the month of May 2009 the applicant is in jail. So far as merits are concerned, it is urged, by pointing out medical evidence, that on clear reading of the evidence it does not indicate possibility of rape, as projected in the complaint of forceful act on the part of the applicant. 4. Learned APP has opposed the application. 5. Considering the submissions in the light of the papers of investigation placed at the time of submissions, it has to bear in mind that the victim is a nurse / midwife working in the primary health centre at Khed, Dist-Osmanabad and staying alone in the service quarter provided to her. The allegations mentioned in the FIR as well as statement of other witnesses reveal that the applicant was known to the victim and it is not a case of an unknown person committing rape. Secondly, as it can be gathered from the complaint that as the victim is a midwife, the applicant approached her in the late night on the pretext of having a pill as he was having pain in the stomach and entered in the house of the victim and committed rape. Though it is tried to be urged that considering the medical evidence, this can be a case of act by consent, however as somebody might have seen and hence the {3} compliant has been filed. I am afraid to accept this submission considering the age of the applicant and the victim, who is as old as that of the mother of the applicant. Secondly, if the accused involved in such heinous offence is released on bail then it is quite possible, as also revealed from the cause of delay shown in the complaint that Sarpanch and other respected persons have tried to intervene and tried to convince the victim not to file the compliant against the applicant, that the applicant may tamper with the prosecution witnesses. In the premise, no case is made out to release the applicant on bail. Application stands disposed of. 6. It is however, clarified that the observations made in this order are prima facie and the learned Sessions Judge who would conduct the trial shall not be influenced by the same while conducting the trial. [A.V.POTDAR, J.] drp/criapln3306-09