1 CR.APP.NO.1958/2009. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.1958 OF 2009. Jayshri W/o Dadaro Kamble ...Applicant. Versus The State of Maharashtra ...Respondent. ... Mr.R.V.Gore, Advocate h/f Mr.D.H.Jadhavar, Advocate for the applicant. Mrs.S.B.Wadmare, APP for the respondent. ... CORAM: A.V.NIRGUDE,J. Date : 6th July, 2009. COURT'S ORDER: 1. The applicant is seeking bail in Crime No. 45/2009 registered at Kallam Police Station, Dist.Osmanabad for the offence punishable under Section 376, 344, 374, 323, 506 r/w 34 of the Indian 2 CR.APP.NO.1958/2009. Penal Code. 2. The complainant is a young girl aged 14 years. She narrated the incident as under: . She is resident of place in Uttar Pradesh, but due to certain circumstances, she left her house and was traveling aimlessly in Railway. She came across to the applicant and her husband at Nanded Railway Station. They enticed her to come with them, promising that they would provide her employment etc. The complainant agreed and went with them. The applicant asked her to do household work and confined her in her house. The applicant's husband thereafter committed rape on the complainant on two occasions. Complainant does not show that this act was done with the connivance of the present applicant. Ultimately, the complainant left the house of the applicant and then reported the incident to the police. 3. The complainant's story does not indicate that the applicant was a party to the offence of rape, which is serious one amongst the other offences alleged against the applicant. The applicant was arrested on 19th May, 2009 and ultimately her application came to be rejected on 9th June, 2009, when the learned Addl.Sessions Judge, Osmanabad without discussing the facts of the case namely the 3 CR.APP.NO.1958/2009. applicant was not party to the offence of rape, rejected the application simply saying that the offence is still under investigation. On 9th of June, 2009 there was hardly any possibility of investigation being in progress. The learned Addl. Sessions Judge's appreciation of the circumstances was not proper. The applicant deserves bail. The application is allowed. (i) The applicant is released on bail of Rs.5,000/- (Rs.Five Thousand only) with one surety in the like amount. (A.V.NIRGUDE,J.) lkp.