Rajabhau @ Henmant S/O Bhagwan Devne v. The State Of Maharashtra

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO. 456 OF 2015 RAJABHAU @ HENMANT S/O BHAGWAN DEVNE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Panale Sachin S. APP for Respondent: Mrs. M. A. Deshpande.

*** CORAM: T. V. NALAWADE, J.

DATED: 11th FEBRUARY, 2015.

PER COURT:

1.

The application is filed for bail. Both the sides are heard.

This Court has perused the papers of investigation.

2.

The crime is registered on the basis of report given by the prosecutrix who was aged about 30 years. She is married woman. According to her, incident took place on 13th November, 2014 in the morning time after 09.00 a.m. Her husband was not at home. Present applicant is residing on the back side of the house of the prosecutrix. She has made allegations that he entered her house. He

-:(2):- pressed her mouth and then he raped her. It is her case that after some time her husband knocked the door from outside and then present applicant left her and ran away by bending the tin used for her shed. This Court has gone through the record of medical examination and also the spot Panchanama. This Court is avoiding to discuss these two documents.

3.

In view of the nature of allegations and material collected as against the applicant, this Court holds that it is not desirable to keep the applicant behind bars till the disposal of the Court. The applicant is behind bars since 14th November, 2014.

4.

In the result, the application is allowed. The applicant is to be released on bail on his furnishing P.R. and S.B. of Rs.30,000/- with one solvent surety for the like amount. He is not to tamper with the prosecution witnesses. He is not to commit similar offence. He is not to enter village Tandulja, Taluka and District Latur till the disposal of the case which may be filed against him. [T. V. NALAWADE, J.] Dt.11/02/2015 ans/456