1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No.430/2011 ( Abdul Asif s/o Abdul Rashid and another ..Vs.. State of Maharashtra, through P.S.O. Ladkhed, Distt. Yavatmal ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.M. Jaltare, Adv. for applicants. Mrs. B.P. Maldhure, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 15.12.2011. 1. This is an application for releasing the applicants 1 and 2 on bail in the event of their arrest in Crime No.99/2011 registered with the police station Ladkhed, Distt. Yavatmal for the offence punishable under sections 376, 313 read with 34 of the Indian Penal Code. 2. The prosecutrix aged about 19 years was acquainted to Abdul Asif – accused no.1 about a year back. Thereafter they started meeting each other. After promising her that he would marry her, he had a sexual intercourse with her. This happened in some forest of village Pathrad. The prosecutrix conceived from him. On 22/9/2011 he carried her to clinic at Ner for arranging abortion of fetus. So far as Mohd. Kaleem - applicant no.2 is concerned, it is stated that he had helped him in carrying the prosecutrix to the clinic of Dr. Shabina. 2 3. The contents in the F.I.R. point out involvement of Abdul Asif - applicant no.1 and so far as the applicant no.2 Mohd. Kaleem – applicant no.2 is concerned there are vague allegations that he had helped Abdul Asif – applicant no.1 in carrying the prosecutrix to the clinic of Dr. Shabina. It is not known under what circumstances it was done. Therefore, the involvement of Mohd. Kaleem – applicant no.2 appears doubtful. 4. The application, so far as it relates to Abdul Asif – applicant no.1, is rejected. 5. The application, so far as it relates to Mohd. Kaleem s/o Mohd. Fazal – applicant no.2, is allowed. 6. In the event of arrest of Mohd. Kaleem s/o Mohd. Fazal – applicant no.2 in Crime No.99/2011 registered with the police station Ladkhed, Distt. Yavatmal for the offence punishable under sections 376, 313 read with 34 of the Indian Penal Code, he be released on bail on his executing P.R. bond of Rs.20,000/- (Rs. Twenty Thousand Only) and one surety in the like amount. JUDGE Tambaskar.