1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . CRIMINAL APPLICATION NO.481/2010. Gopal Maruti Burde VS State of Mah., through P.S.O., P.S., Pachpaoli, Nagpur. ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Parag Ukey, Advocate for the applicant. Mr. S.S.Doifode, APP for respondent State. CORAM : A.H.JOSHI, J. DATE : 8th APRIL, 2010. 1. Heard Mr. Parag Ukey, the learned Advocate for the applicant and Mr. S.S.Doifode, the learned APP for the State. 2. This criminal application is for grant of regular bail. 3. The applicant has been named as accused no.1 in First Information Report in column no.7. 4. In the First Information Report, on the basis of statement of complainant, it is stated that the accused No.1 and prosecutrix had a walk together. Thereafter, the accused no.1 called somebody to get a motorcycle. 5. Thereafter, one boy with a motorcycle arrived and thereafter Gopal-accused no.1 left with that motorcycle. 2 6. Thereafter, other two accused persons arrived on the spot. One amongst them offered to the prosecutrix a lift to drop her to house and she accompanied them. 7. No other allegation is made against the applicant. 8. The prosecution is not in a position to lay hands on any evidence collected by the Investigation Officer to suggest that due to any of the speech or other act attributed to the applicant Gopal, he is involved in an act of conspiracy or abatement of rape on the prosecutrix. 9. Even if, everything that is stated by the prosecutrix on its face is accepted to be true and factual, even then the applicant is not shown involved in commission of offence under Section 376(g) of the Indian Penal Code. 10. In the result, the applicant is entitled for being released on bail. 11. The applicant be released on bail on furnishing personal bond and solvent surety in a sum of Rs.10,000/-. Judge //Diwale//