{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3801 OF 2009 Jalal Munna Shaikh APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.S.J.Salunke h/f Mr.D.H.Jadhavar, Advocate for applicant Mr.N.R.Shaikh, APP for the State ....... WITH CRIMINAL APPLICATION NO.3802 OF 2009 Washim Murtuja Shaikh APPLICANT VERSUS The State of Maharashtra RESPONDENT ....... Mr.S.J.Salunke h/f Mr.D.H.Jadhavar, Advocate for applicant Mr.N.R.Shaikh, APP for the State ....... WITH CRIMINAL APPLICATION NO.3723 OF 2009 Sartaj s/o Mehraj Khan APPLICANT VERSUS The State of Maharashtra RESPONDENT {2} ....... Mr.V.B.Deshmukh, Advocate for applicant Mr.N.R.Shaikh, APP for the State ....... [CORAM : A.V.POTDAR, J.] DATE: 7th December 2009 PER COURT: 1. By the present applications, the applicants have approached this Court for their release on bail in connection with CR No.52/2009 registered with Kallamb police station for an offence punishable u/s 366, 376, 506, 376 (2) (G), 377, 354, 336, 450 r/w 34 of the Indian Penal Code and u/s 67 of the Information Technology Act. 2. Heard respective learned counsel for the applicants followed by the submission of the learned APP. 3. It appears that the said offence came to be lodged on the complaint of one Saroja Zambre on 27 th May 2009 in respect of an incident of her forcible abduction by applicant Sartaj, applicant in application No.3723/2009, on 16 th May 2009 under the threat to kill her, her husband and small kids. It is further alleged that she was taken to Sailu, where she was sexually ravished till 27th May 2009, from where she was rescued, and applicant Sartaj came to {3} be taken into custody. It further appears that during the course of investigation her three more statements came to be recorded, which implicate accused Farooq, who is released on bail by this Court vide order dated 15.10.2009. Placing reliance on the said order, as well as on the ruling given by this Court in case of “Kunal Ramdas Chavan V/s State of Maharashtra” reported in 2001 ALL MR (Cri.) 1403, it is urged that as accused Farooq is released on bail, on the ground of parity, the applicants be also released on bail. 4. while opposing the submissions, learned APP taken me through the papers of investigation, as charge sheet is already filed in this case on 24.8.2009 and investigation is complete. It is brought to my notice that so far as applicant Jalal, is concerned, he is a history sheeter and there are four cases u/s 376 and 395 to his credit. It is also brought to my notice that during the course of investigation, certain naked photographs of victim are recovered at the instance of applicant Washim and applicant Sartaj. It is also brought to my notice that the victim was bent upon to satisfy the lust of the accused not only on the point of knife but also on the point of her naked photographs and obscene video clips under the threat that her family members would be killed and the photographs and obscene video clips would be displayed. It is urged that she was forced to indulge into such activities to which, the accused have termed that she was on consenting terms and a lady of a loose character, which, cannot, at any stretch of {4} imagination, be accepted. 5. It is urged, by relying on the reported judgment and on the order passed by this Court in Criminal Application No. 3521/2009, that the role played by the applicant in application No. 3521/2009 and the present applicants is the same. I am afraid the said submission cannot be accepted. If after indulging into such type of activities of satisfying their lust by ravishing the helpless victim on the point of knife and on the basis of her naked photographs and obscene video clips, the applicants are claiming to release them on parity, the same cannot be extended to them. In the premise the applications require to be dismissed. 6. In the result, the applications, which are sans merit, stand rejected. [A.V.POTDAR, J.] drp/criapln3801-09