( 1 ) cra4810.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4810 OF 2010 1. Shri Miya Dadla Pawar .. Applicants Age. Major, Occ. Agriculturist, 2. Shri Narangya Baiji Pawar Age. Major, Occ. Agriculturist, Both r/o. Jugni, Tal. Dhadgaon, Dist. Nandurbar. Versus The State of Maharashtra .. Respondent WITH CRIMINAL APPLICATION NO. 4812 OF 2010 1. Shri Sushya Dadla Pawar .. Applicants Age. Major, Occ. Agriculturist, 2. Shri Dilya Dadla Pawar Age. Major, Occ. Agriculturist, Both r/o. Jugni, Tal. Dhadgaon, Dist. Nandurbar. Versus The State of Maharashtra .. Respondent Mr. S.U. Chaudhari, Advocate for the applicants. Mr. P.P. More, A.P.P. for respondent/State. ( 2 ) cra4810.10 CORAM : V.R. KINGAONKAR,J. DATED : 10.12.2010 P.C. :- 1. These are applications for bail. 2. The alleged incident is said to have occurred in the night of 24th September, 2010. The prosecutrix had married with one Gorakh Pawar. It appears that she was estranged. She was having a female child of four months and was residing with her parents. The F.I.R. purports to show that on 24.09.2010, the applicants and Thagnya Pawar approached the prosecutrix. Thagnya Pawar told her that he will take her away as his wife. He told her that he will marry her. She refused the proposal. Thereafter, her minor female child was taken away by the applicants - Susha Dadla and Dilya Dadla Pawar (brothers), whereas applicant Miya and another applicant Narangya along with main accused Thagnya took her away near a tree. At that time at secluded place Thagnya threatened her that she will be done to death. He committed sexual intercourse with her under threat. The ( 3 ) cra4810.10 applicants – Miya and Narangya were standing at some distance. They fled away. It is alleged that though a meeting of the Panchas was called as per the tradition of Adiwasis, yet Thagnya and the applicants did not turn up. Consequently, the prosecutrix filed the F.I.R. after about four days on 28.09.2010. 3. Upon hearing learned advocate for the applicants, learned A.P.P. and on perusal of the relevant material, including the F.I.R., it prima facie appears that the prosecutrix was aggrieved because Thagnya Pawar and the applicants did not give any response when the meeting of the Panchas was called. The present applicants did not participate in the act of sexual intercourse. It is stated that the applicants – Miya and Narangya were standing at some distance from the tree where Thagnya committed forcible sexual intercourse with the prosecutrix. Said Thagnya, who is the main accused is not party to the application. The applicants are said to be involved because of the fact that they had accompanied Thagnya Pawar, in the relevant night. It cannot be overlooked that Thagnya Pawar initially ( 4 ) cra4810.10 expressed the proposal to marry the prosecutrix and she perhaps wanted to find out solution to the problem by calling the Panchayat of the community. In other words, if the members of the Panchayat would have consented to the marriage, the prosecutrix and Thagnya Pawar might have married. His failure to give response to the Panchayat of Adiwasis ultimately resulted in filing of the F.I.R. Since the present applicants are not the main accused and are said to be accomplices of Thagnya Pawar, they deserve liberty on certain conditions. 4. In the result, the applications are allowed. The applicants are directed to be released on bail on furnishing of bail bonds in sum of Rs. 15,000/- (Rupees Fifteen Thousand Only), each with solvent surety bonds in like sum to the satisfaction of Sessions Judge and on further condition that they shall not enter village Jugni, Tal. Dhadgaon, till completion of the Trial and shall not contact any of the prosecution witnesses during the period of the trial and shall make no attempt to tamper with the evidence of the prosecution. They shall make themselves available during the ( 5 ) cra4810.10 course of the Trial and for such purpose they shall report their presence to the Mhasawad Police Station on each Tuesday and Saturday between 8.00 p.m. to 10.00 p.m. They shall furnish an undertaking to such effect while furnishing the bail bonds. [V.R. KINGAONKAR,J.] snk/2010/DEC10/cra4810.10