1 BA 430 OF 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 430 OF 2011 Dilip Omkar Wagh .. Applicant -versus The State of Maharashtra .. Respondent. Mr. A. P. Mundargi, Senior Counsel with Mr. Vaibhav Sugadare, for the Applicant. Mrs. P. P. Shinde, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 29th March, 2011 P.C. 1. This is an application for bail by a person who is alleged to have participated in a gang-rape on the victim on the night of 21st February, 2011. The applicant is a Member of Legislative Assembly. It is story of the victim that the victim was serving with one Dilip Patil at Aurangabad. Said Dilip Patil introduced the victim to the applicant about one month prior to the date of incident, in order to secure a job for the victim, as the applicant was M.L.A. having lot of clout. The victim is alleged to have met the applicant at Aurangabad, where the applicant is alleged to have collected information about the victim. Mobile numbers were exchanged. Thereafter on 21st February, 2011, co-accused Mahesh Mali @ Bunty, rang up the victim and then applicant talked to the victim and asked her to 2 BA 430 OF 2011 come to Nasik alongwith her documents. Victim who is 20 years old, claims to have came with her friend at Nashik from Aurangabad and reached Nashik at 10.30 p.m. She then contacted the applicant on telephone. The applicant told that he would come to pick her up at that time in his car. Applicant accordingly came to the Dwarika Circle where the victim had alighted, from where applicant picked up the victim in his car, telling her not to allow her friend to accompany them and then applicant took her to the Circuit House, where gang rape was allegedly committed by applicant and Bunty, who allegedly used condoms. Victim also states that a police party came to the circuit house and thereafter victim left with applicant and Bunty in the applicant's vehicle without her telling the police about gang rape. Then she claims to have ran away from the car when applicant stopped at a hotel at Malegaon. No further comment is necessary. Even taking victim's story for its face value, applicant's being in custody pending further investigation/trial is not necessary. The applicant, arrested in CR No.77 of 2011, registered at Sarkarwada Police Station, Nashik, therefore, be released on bail on his furnishing PR Bond in the sum of Rs.50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/-. 2. Application stands disposed of accordingly. (R. C. CHAVAN, J.)