1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 1202 OF 2010 Umesh Kaduba Kathar ..Applicant VERSUS The State of Maharashtra, ...Respondent ..... Shri H.F.Pawar, advocate for the applicant Shri S.G.Nandedkar, A.P.P. for the respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 13th April, 2010 PER COURT : 1 Heard Shri H.F.Pawar, advocate for the applicant and Shri S.G.Nandedkar, A.P.P. for the respondent. 2 This is an application preferred by the applicant seeking bail in connection with CR No. I-27 of 2010, registered at City Chowk police station, Aurangabad, for the offences punishable under Sections 366A, 372, 373, 376G and 354 of the Indian Penal Code r/w Sections 4 and 5 of Immoral Traffic (Prevention) Act, since the applicant was arrested on 2.2.2010 thereunder and he is under judicial custody 2 presently. . 3 It appears that the offence has been registered on the complaint lodged by the complainant namely Jitendra Devidas Salunke on 24.2.2010 and criminal law was set into motion. 4 Initially, it appears that the offence has been registered on 2.2.2010 on the report lodged by the complainant, namely Sharda, a minor girl of 17 years old, alleging that the applicant and other two co- accused persons in collusion with each other induced the applicant with intent that she may be knowingly forced or seduced to illicit inter course and was sold for the business of prostitution and was purchased by three unknown persons for the purpose of gang rape and criminal force was used against her with intent to outrage her modesty. 5 Apparently the applicant herein is the brother of main accused, namely Radhabai Wani and on perusal of the contents of the first information report, it appears that the applicant was apparently instrumental and had played vital role in the flesh trade racket. 6 It also appears from the first information report that on 1.2.2010 the present applicant along with main accused Amrut Patil had taken the victim to Giraja Function Hall for prostitution and while returning therefrom they were arrested by the police personnel when she shouted since applicant herein allegedly committed indecent acts 3 with her. 7 The investigation papers disclose that during the course of investigation, statements of police constable as well as watchman were recorded, which apparently disclose the complicity of the applicant in the alleged crime. The investigation is under progress and still it has not been completed. Hence, it is not desirable to enlarge the applicant on bail. 8 In the result, present Criminal Application No. 1202 of 2010 being sans merit stands dismissed. (SHRIHARI P. DAVARE), JUDGE. dbm/crap1202.10