1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1658 OF 2010 (Prakash @ Pintu Chandrashekhar Padoliya .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri Y.B. Mandpe, Advocate for the applicant. Shri M.J. Khan, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 24TH NOVEMBER, 2010. Heard. By way of present application, the applicant is seeking regular bail for the offence punishable under Sections 363, 376, 109 read with Section 34 of the Indian Penal Code vide Crime No. 35/2010 registered with the Police Station, Jalalkheda. Learned Counsel for the applicant submits that even bare perusal of the FIR would reveal that the allegations are levelled against the co-accused namely one Roshan. The prosecutrix has stated that Roshan has forcefully picked up the prosecutrix and forced her to sit on the motor bike. In the report, it is stated that initially the applicant was riding the motor bike and Roshan was pillion rider. He further submits that the allegations of sexual exploitation of the prosecutrix are against Roshan and even as per the complaint, the applicant and other accused Roshan, who were carrying the prosecutrix, took halt at restaurant to consume liquor and thereafter the prosecutrix was carried to the cousin sister of Roshan, namely Rangu and in the house of Rangu, the other accused sexually exploited the prosecutrix. Learned Counsel for the applicant further submits that in view of the material collected by the investigating agency, there is no material on record to connect the applicant with the crime in question. He was the pillion rider of the motor bike. Learned APP has strongly opposed the application. In view of the record produced before this Court and in view of the submissions made by the learned Counsel for the 2 applicant, I am of the opinion that the prima facie case is made out to enlarge the applicant on bail. The apprehension expressed by the learned APP can be taken care of by putting the applicant on conditions. In the result, the application is allowed. The applicant be released on bail on furnishing PR bond of Rs.20,000/- (rupees twenty thousand only) with one surety in the like amount, on the following conditions. (i) The applicant to cooperate with the investigating agency and attend the Police Station, Jalalkheda on every Sunday between 09:00 a.m. and 12:00 noon. (ii) The applicant shall not tamper with the evidence nor commit any act such as contacting the prosecution witnesses or pressurize them. (iii) The applicant to submit his residential address and his contact numbers such as phone/mobile numbers to the investigating agency. (iv) In case the applicant is moving out of the area of Police Station, Jalalkheda, he shall inform the Police Station about his visit to other place. In case of breach of these conditions, the prosecution agency to take necessary steps in accordance with the provisions of law. JUDGE *rrg.