1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.577/2011 ( Mr. Liladhar @ Nandlal S/o Moreswar Wadhi ..Vs.. The State of Maharashtra, through its P.S.O., Kelwad, Distt. Nagpur ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.A. Sonak, Adv. for applicant. Mrs. B.P. Maldhure, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 17.11.2011. 1. This is an application under section 439 of the Criminal Procedure Code for releasing the applicant/accused on bail in Crime No.15/2011, registered with the police station Kelwad, Distt. Nagpur punishable under section 3(1), (xii) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act and under section 376, 506 of the Indian Penal Code. 2. The prosecutrix is a married lady, aged about 25 years, having one child. She resides in village Chhatrapur and works as labourer on the stone crusher. Accused is aged about 28 years and works as Manager (Diwanji) of the said stone crusher. 3. On 23/2/2011, the prosecutrix had gone to attend her 2 work. In the meantime she went to adjoining stream along with her three and half years son to answer the nature's call. At that time, the accused came from behind and committed sexual intercourse with her. On the next day i.e. on 24/2/2011 the F.I.R. was lodged. 4. During medical examination of the prosecutrix, contusion on her fore-arm and small contusion on post- scalp of the prosecutrix were found. No injury was found on her private parts. 5. The statement of Sitaram Dhurve shows that after hearing cries of his son he went near the spot and then lifted a stone to pelt at the accused. The accused ran away. He then slapped his wife. His brother-in-law Rajesh Uike came there and slapped the accused. The F.I.R. was lodged on the next day. The statement of Ramprasad Dhurve shows that in the Nalah he had witnessed fighting between the accused and the husband of the prosecutrix. He had seen the husband of the prosecutrix beating the accused. The statement of one Ramulabai shows that she had seen the husband of the prosecutrix brining the prosecutrix out of the Nalah and also having had caught hold the accused. Rajesh Uike and Pramod Tekam state that they had 3 seen the husband of the prosecutrix beating the accused. It is pertinent to note that the spot where incident occurred was surrounded by the persons who were there to work on two stone crushers. 6. The accused is in jail since February 2011. Considering the state of evidence discussed above, I am of the view that the accused is entitled to be released on bail with certain conditions. 7. The accused be released on bail on his furnishing P.R. bond of Rs.50,000/- (Rs. Fifty Thousand Only) with two sureties in the like amount. Hamdast allowed. JUDGE Tambaskar.