1 Cri.Appln.No.1214/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1214/2011 Sou. Sharda Laxman Gauda - APPLICANT VERSUS The State of Maharashtra. - RESPONDENT ***** Mr.PF Patni, Advocate for Applicant; Mr.KM Suryawanshi, APP for State. ----- CORAM : K.U.CHANDIWAL, J. DATE : 31st March, 2011. PER COURT : 1) Heard. Female applicant, in custody from 7th October, 2010 in Crime no.I-212/2010 registered at Newasa Police Station, District Ahmednagar, seeks bail. 2) The victim, 20-21 years married lady, claiming to be from Bangladesh, intruded border of India with her husband and friends, reached Mumbai. As per the pre-arranged schedule, from Mumbai, she travelled in a vehicle to Parbhani. At Parbhani, she was ravished against her will and wish by two persons. She was allegedly carried from Parbhani to Ahmednagar. On the way, 2 Cri.Appln.No.1214/2011 near Newasa phata, while in the vehicle, she was yelling for assistance, noticing turmoil, villagers gathered and the vehicle was stopped. The victim could not transact with the villagers as she was not accustomed to local language least Hindi except Bengali. Services of interpreter were solicited and it revealed to be a very ghastly story and pathetic plight faced by the victim, as she was tried to be forced in illicit activities in flesh market by the persons in the vehicle. 3) The accused/applicant is allegedly was in the company of said victim, travelled from Parbhani to Ahmednagar. It is primarily uncertain whether this applicant was also travelled from Mumbai to Parbhani. 4) The accusations against the applicant revealed to infraction of Sections 363, 366(b), 376(2)(g), 419 r/w 34 of IPC and also Section 3, 4 and 7 of Prevention of Immoral Traffic Act, 1956, (PITA). 5) The learned Counsel for the applicant/accused extensively borrowed/extracted the text of above sections to impress that, none of the provisions would be applicable to keep the applicant in fetters. He pointed by placing 3 Cri.Appln.No.1214/2011 reliance on judgments of the Apex court that even if the applicant/accused is alleged to have activated in gang-rape, she could not be a party/accused for infraction of Section 376(2) (g)of IPC. This is so indicated, in the judgments of the Apex Court in the matter of Priya Patel Vs. State of M.P. And Anr. - (2006) 6 SCC 263; and State of Rajasthan Vs. Hemraj and Anr. - (2009) 12 SCC 403. 6) The survey of events illustrate that the applicant is a permanent resident of Ahmednagar, supported from a Ration Card issued by the Competent authority; she lost her husband in the year 2009, for which Death Certificate, issued by the authority, is produced, wherein her address is shown to be of Ahmednagar. These two documents primarily indicate, the accused/applicant is permanent resident of Ahmednagar. 7) Learned APP is not in a position to point out pending cases of identical nature or of involvement of the applicant in PITA Act or involvement in illicit activities in flesh market. 8) Considering the above position, the accused/applicant since was not instrumental in 4 Cri.Appln.No.1214/2011 importing the victim from foreign country, she had apparently no role in kidnapping the victim, there is nothing to demonstrate that she had intention to cheat the victim, further custody of the applicant/accused not warranted. Hence order. 9) The applicant/accused – Sou. Sharda Laxman Gauda, be released on her furnishing PR bond and a surety in the sum of Rs.15,000/- (Rupees fifteen thousand). The applicant/accused after release, shall attend the court proceedings scrupulously, shall not influence or coerce the witnesses concerned in the investigation. She shall attend the Investigator on every last Sunday of the month between 4.00 to 8.00 p.m. till conclusion of trial. ( K.U.CHANDIWAL ) JUDGE bdv/