1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.253 OF 2010 Uddhav S/o.Vishnu Dongre, Age-40 years, Occu-Agriculturist, R/o.Kajala, Tq.Georai, Dist. Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT Smt.S.S.Jadhav, learned counsel for applicant. Smt.Y.M.Kshirsagar, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 22/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.202/2009, registered in Shivaji Nagar Police Station. 2. Heard learned counsel appearing for applicant followed by the submissions of learned APP for State. Also perused the papers of investigation till carried out. 3. The submissions advanced by learned counsel for applicant are of serious nature, as the alleged offence is of gang rape. It is brought to my notice that there is no school by name Sharda School at Kej to 2 falsify the statement of the prosecutrix that at the material time, she was serving in the Sharda School at Kej, which is at a distance of 100 Kms. from Gevrai where she reached at 8.00 p.m. and thereafter the episode took place in Ashwini Lodge. On clear reading of the contents of FIR, no allegation against this applicant about sexual act on his part. The way and manner in which the FIR was lodged, it do not whisper about the force used at any point of time at the hands of present applicant. 4. Considering the fact that the prosecutrix kept mum till the act committed by earlier 3 persons, and shouted for some other than reasons when this applicant was to proceed further and no role is attributed about the active participation of present applicant, entitle him to enlarge on bail. 5. In the premise, following is the order : O R D E R 1. Application is allowed. 2. Applicant be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the like amount. 3. After released on bail, the applicant to give attendance to Shivaji Nagar Police Station, Beed on every Friday in between 3.00 to 5.00 p.m. till filing of the charge sheet. 4. Applicant may apply for relaxation of this condition after the charge sheet is filed. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.253-10 3