1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 215 /2010 [Kumeshwar s/o Ramlal Shende and others vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr R M Daga, Adv. for applicants Mr K S Dhote, APP for Respondent State .......... CORAM : A.P.BHANGALE, J. DATED : MARCH 10, 2010 . Heard respective counsel at length. 2 According to learned Advocate for the applicants it was a case of love affair between them and the alleged victim girls who, on their own volition were moving with the applicants. In fact, the applicants were intending to marry with the girls concerned. They had also approached the village organization namely “Mahatma Gandhi Tantamukti Samiti” in order to find an amicable solution to the problem. This Court had also under the circumstances directed to file affidavits of victim girls. Today learned Advocate for the applicants submitted that in the meeting which was held on 29.8.2009 instead of resolution of dispute, the father and brothers of the girls (close relations of the girls ) had abused their close relatives and also caused damage to their property by setting on fire their houses and doing such acts which could not have been tolerated. The FIR was lodged in this connection on 29.8.2009 informing 2 Amgaon Police Station about the incident that had occurred when the close relatives of the applicants were assaulted and property belonging to them was damaged. While the investigation was initiated upon report lodged by Sadashiv Bhandardkar pursuant to which crime No.79/2009 was reported on 29.8.2009 for various offences sunder the IPC as well as 135 of the Bombay Police Act as a counter blast to the said complaint. The girls were instigated to lodge complaint of alleged rape against the boys on 2nd September 2009 in which the alleged victim by name, Prabha, mentioned that on 7th May 2009 when she along with Savita and Laxmi went to Amgaon and were returning via Dhammagiri they met the applicants and the applicants allegedly threatened to kill them if they do not accompany; later had taken them to Mandavbai temple and on the stairs of the temple taken their photographs by video camera. They had also taken them to a lodge in Gondia and in separate rooms allegedly raped them and had also taken photos on their mobiles and thereafter left them by motorcycle to their native place and threatened them not to disclose the incident. 3 Later, it appears in the supplementary statement, Prabha, an alleged victim, stated that since the police had investigated the register of “Urvashi Lodge” in Gondia and gave date 10.1.2009, as per the register alleged victim Prabha then stated that it was the date of the incident instead of 7.5.2009 as earlier 3 mentioned. The date of 10.1.2009 was thus given in supplementary statement dated 5.11.2009. 4 Under these circumstances, prima facie it appears that the applicants were in love affair with respective girls who had moved along with them at different places and later when they proposed to marry with the respective girls, their close relations and the applicants were, abused, assaulted as also their property were damaged. Later the girls were allegedly instigated to lodge false case implicating them in a serious accusation of rape. 5 Having considered all these circumstances, I think the applicants are entitled for conditional bail as chances of their conviction for the said offences may be feeble. Hence the following order : The applicants be released in respect of Crime No. 82/2010 for offence punishable under sectiosn 376, 292, 503, 506, 201, 366 read with section 34 IPC and sections 3 (1)(v) and 3(1) (xiii) of the Prevention of Atrocities Act, registered at Amgaon Police Station Dist. Gondia, they shall be released upon executing PR bond in the sum of Rs. 25,000/-each, with one surety in the equal amount, to be provided by each of them. They shall attend the Investigating Officer as and when required. They shall inform their fixed/permanent address with Phone/Cellphone number to the I.O. They shall not tamper with the prosecution evidence in any manner. 4 Application is allowed accordingly. Humdast granted. The observations above are for limited purpose of deciding the present Bail Application. JUDGE sahare