A. P. DESHPANDE, J.:- This is an application moved for grant of bail under Section 439 of the Code of Criminal Procedure by the Applicant who is a film actor, against whom crime has been registered bearing Crime No.188/2009 for commission of the offences under Sections 376, 342 and 506(2) of the Indian Penal Code on lodging of an FIR by one Madhuri Joshi with the Oshiwara Police Station on 14.06.2009. The Applicant came to be arrested on the same day and is in custody since then till date.

2. It is the case of the prosecution that the prosecutrix Madhuri Joshi who is aged about 20 years was working as maid servant at the residential premises of the Applicant since 07.05.2009 and her working hours were from 9:00 am to 6:00 pm. Besides the prosecutrix, two other employees were also working at the residence of the Applicant. One of them was Sangita who was a full time servant and used to reside in the same flat of the Applicant whereas other was a cook who used to visit twice a day for preparing the food. One of the witnesses by name Smt. Rekha Mane is acquaintance of the prosecutrix and as the prosecutrix was unemployed at the relevant point of time, Rekha Mane intimated that there is vacancy at the residential premises of the Applicant and hence, the prosecutrix could seek the appointment as a maidservant. The Applicant's family comprises of self, wife and a girl child aged about 1 and 1/2 year. About 8 days prior to the occurrence of incident, wife and daughter of the Applicant had gone to Delhi and were not in the flat on the date when the incident took place. According to the First Information Report, a day prior to the incident i.e. on 13.06.2009 the Applicant was in the flat. The cook after preparing the food had left. By about 12 O'clock Sangita had gone to see her sister and thus, the Applicant and the prosecutrix alone were in the flat. By about 3:30 pm the Applicant had asked the prosecutrix to switch on the cork of the water tab which was located on the loft. Usually this work was being performed by Sangita but as she was not at home, the prosecutrix was asked by the Applicant to do the same. Hence, the prosecutrix climbed up for reaching the loft taking support of the basin and wooden-rest with a view to switch on the tab at which point of time the present Applicant had held the legs of prosecutrix near the ankle. The prosecutrix told the Applicant not to touch her and she came down of her own. It is also stated that the prosecutrix informed the Applicant that she does not like being touched. The Applicant told her that "I am holding you so, that you should not fall". But as the prosecutrix protested, the Applicant had left her. After the duty hours were aver on that day the prosecutrix left the place along with Rekha Mane as usual.

On the next day i.e. an 14.06.2009 the prosecutrix had reached the residence of Applicant in the company of Rekha Mane. The Applicant was at the residence an that day. At about 3:00 p.m. Sangita, the other servant, after seeking permission from the Applicant had gone to. Church and the prosecutrix was washing the utensils in kitchen. At that time, the Applicant was rearranging the cassettes and CDs in his bedroom. The Applicant called the prosecutrix, hence, the prosecutrix washed her hands and went to the bed roam. After she entered the bedroom the Applicant lacked the door. It is stated in the First Information Report that the sliding windows of the bedroom were already lacked. The prosecutrix asked the Applicant as to. why is he closing the door and in response to, the same, the Applicant asked the prosecutrix to sit on the bed. The Applicant held her hand and made her sit an the bed. The Applicant made the prosecutrix lay an the bed and he mounted an her. The prosecutrix raised an alarm and shouted, at that time, the Applicant had held bath the hands of prosecutrix above her head and pressed her legs by his legs. The prosecutrix claims to have continued shouting and hence, t