1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3521 OF 2009 Anwar @ Annu Maheboob Tamboli Versus The State of Maharashtra. CRIMINAL APPLICATION NO.: 3522 OF 2009 Farooque Maheboob Tamboli Versus The State of Maharashtra. *** Mr. V. D. Salunke, Advocate for the Applicant. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 15th OCTOBER, 2009. 1. The accused/ applicant in custody from 1st June, 2009, where charge sheet is filed on 21st August, 2009, for an offence under section 376, 366, 376 (2) (g), 377 read with 34 of IPC, coupled with section 67 of Information Technology Act, prays for bail. 2. The prosecutrix, 27 years old, resides with her husband, opposite the bakery at Kallam one Sartajkhan has allegedly threatened her, allured and 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. resultantly said victim prosecutrix was kidnapped by him on 16th May, 2009. In the relentless search, she was found with said Sartajkhan in a room where allegedly there were sexual contacts against her wish by said Sartajkhan. It was in the initial statement, she implicated said Sartajkhan as to his role. The subsequent statement of the victim dated 31st May, 2009 illustrate that the accused/ applicant Farooque and, Anwar have, against her wish, in the absence of her family members, in the afternoon, sexually abused her. Since she was under coercion and threats, she could not disclose the same to her husband or family members. She had a threat of shattering her marital relations and she was exploited by the accused/ applicant. 3. At this stage of the matter, the worth of the subsequent statement dated 31st May, 2009, coupled with the victim to be a married, 27 years old, needs consideration. Charge sheet is filed. Investigation is 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. complete. Considering these situations, the apprehension that has been nursed by the learned A.P.P. about exerting threats by the accused/ applicants, since they were residing or carrying business in front of her abode, can be taken care. Hence, order. 4. The accused/ applicant Anwar alias Annu Maheboob Tamboli and Farooque Maheboob Tamboli be released on their individually furnishing P.R.Bond and surety in the sum of Rs.15,000/- [Rupees fifteen thousand only] in Crime No.52 of 2009 registered at Kallam Police Station. 5. After their release, the accused/ applicant shall not live in the vicinity of Kallam Police Station and shall keep themselves away. They will furnish their changed address with contact number to the investigator within a week of such release. 6. The accused/ applicants shall attend the nearest police station on last Sunday of every month between 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 05.00 to 08.00 p.m. till completion of trial. The restriction on the stay in the village Kallam is till completion of trial. 7. Any threat or coercion exerted by the accused/ applicants will entail the liberty to its termination. Application allowed as above. [K. U. CHANDIWAL, J.] Dated:15/10/2009. ans/3521