1 BA 276-2011 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.276 OF 2011 Chandrabhan Satyanarayan Gupta ..Applicant V/s. The State of Maharashtra ..Respondent Ms Anjali Patil, Advocate, for the Applicant Mrs.R.V.Newton, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 25TH MARCH, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for bail by a person arrested in connection with C.R.No.435 of 2010 for the offence punishable under Sections 366(A),376, 201 read with Section 34 of the Indian Penal Code registered with Powai Police Station. 2 BA 276-2011 3. The applicant has been charge sheeted for his participation in the offence punishable under Sections 366(A),376, 201 read with Section 34 of the Indian Penal Code. The applicant is alleged to have been sent by one Shantabai, who had received money from the applicant to have sexual intercourse with the prosecutrix and who was, according to Medical Certificate, 15 to 16 years old. The prosecutrix stated in her statement dated 7th November, 2010 that a few months before the date of her statement she had been taken by Shantabai to applicant on the ground floor of a building where the applicant was found. The applicant had sexual intercourse with the girl though she claimed to have told him not to do so. The prosecutrix states that the applicant told her that Shantabai had taken money. After this sexual intercourse, the prosecutrix came out. Shantabai paid her Rs. 300/- in the Rickshaw. Again after a few days Shantabai took her in Rickshaw for a similar 3 BA 276-2011 type of mission with a different person. Victim was pregnant and has delivered a child whose parents were found to be the victim and one Mohanchand and not the applicant. The applicant was paraded at the Test Identification Parade but victim did not identify him. Considering the nature of evidence collected and the nature of allegations against the applicant, since the investigation is complete and charge sheet has been filed, applicant's being in custody for the purpose of investigation may not be necessary. Applicant be released on bail on his furnishing P.R.Bond of Rs.50,000/- with one or more solvent sureties in the aggregate sum of Rs.50,000/- on the condition that he shall keep himself away from the prosecutrix and the witnesses and shall stay outside the jurisdiction of Powai Police Station & report at the police station nearest to the place where he may be staying, every Sunday between 10:00 a.m. to 1:00 p.m. till trial is over. 4 BA 276-2011 4. Criminal Bail Application is disposed of. (R.C.CHAVAN, J.)