JUDGMENT :- Heard the learned counsel for the applicant and the learned A.P.P. for the State. 2. The applicant seeks to be released on bail in Crime No.155 of 2006 registered by Dhule Taluka Police Station for the offence punishable under Sections 376, 506 of I.P.C. and Section 3(l)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. The prosecution case in brief is that the prosecutrix, a girl aged about 16 years, on 16-5-2006 had been to the house of the applicant to serve as maid servant as substitute for her mother as her mother was not keeping well. At that time, the applicant was alone at the house. Taking the benefit of loneliness, he caught her and thereafter committed rape on her inspite of resistance from her. The report of the incident was lodged on 17-5-2006, wherein it is contended that the applicant had not only committed rape on her but had also given threat to kill her if she would disclose this fact to anybody. The prosecutrix belongs to Scheduled caste while the present applicant is from upper caste. In view of this, offence came to be registered under Sections 376, 506 of LP.C. as well as 3(l)(xi) of Atrocities Act. On the basis of the said report, applicant was arrested on 205-2006. 4. The applicant has filed this application for bail contending that the allegations against him are totally false and he has been falsely implicated. According to him, he and the prosecutrix had friendly relations and the prosecutrix used to write letters to him showing her affection towards him. She has filed the complaint at the instance and on instigation of her maternal uncle. The applicant produced xerox copies of two such letters, which were marked collectively as Exh. "C". Both these letters were referred to hand writing expert and as per the hand writing expert's report, these letters are in the handwriting of prosecutrix. This provides corroboration to the plea of the present applicant. At this stage, it will not be appropriate to make any comment about truth or otherwise of the allegations in the F.LR. However, in view of the love letters written by the prosecutrix to the present applicant. I find that it is fit case to grant bail to the applicant. 5.
At this stage, it will not be appropriate to make any comment about truth or otherwise of the allegations in the F.LR. However, in view of the love letters written by the prosecutrix to the present applicant. I find that it is fit case to grant bail to the applicant. 5. For the aforesaid reasons, the applicant be released on bail in the sum of Rs.10,000/- with surety in like amount with condition that he shall not tamper with the prosecution evidence. 6. The opinion of hand writing expert, which is received through the 1st Ad-hoc Additional Sessions Judge, Dhule be sealed and sent it back to the said 1st Ad-hoc Additional Sessions Judge, Dhule immediately. 7. Humdast allowed. 8. Application stands disposed of. Application allowed.