1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 3598 OF 2009 Sambhaji Yashwant Pagare and others Versus The State of Maharashtra and another *** AND CRIMINAL APPLICATION NO.: 3620 OF 2009 Vimal Soma Chaure Versus State of Maharashtra and another *** Mr. P. B. Patil, Advocate for the Applicant. Mrs. B. R. Khekale, A.P.P. for the Respondent/ State. *** CORAM: K. U. CHANDIWAL, J. DATED: 16th OCTOBER, 2009. 1. Heard learned counsel. The accused/ applicants seek pre-arrest bail in Crime NO.357 of 2009 registered at Dhule Taluka Police Station dated 6th October, 2009, for an offence under section 376, 201, 202 IPC read with section 3 (1)(x), 3()(xi),3(1) (xii) and section 4 of SC & ST (Prevention of Atrocities) act, 1989. In a diabolic and barbaric act allegedly committed by one of the employee Rushikesh Vithal Pagare with the victim, a 9th 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. standard girl, aged 15 years, has a ring of alleged screening of the evidence by the present accused/ applicant Vimal and Sambhaji. Vimal indeed allegedly rescued the victim from the clutches of Rushikesh immediately after the sexual abuse and assault, she virtually separated them. But for the reasons best known, Vimal has declined to give the statement in the tune in which the incident has taken place. The Applicant Sambhaji is uncle of Rushikesh. He did not immediately take action, though record is prepared by him showing that he orally instructed the Head Master to suspend Rushikesh, then informed by letter dated 30th September, 2009. 2. Taking these aspects into consideration, primarily Vimal, and Kavita Gaikwad a woman, need not be branded with accusations in terms of section 376 of IPC though there are severe and blatant allegations of abuse with a girl belonging to 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. SC/ ST community. It was in normal circumstances expected from said Vimal to have stated the true facts but she was more concerned with her job as it was the case of nephew of President of the institution involved in the offence. Inspite of all these odds, applicants being lady and working in the institution, pre-arrest bail is entertained for her. However, so far as Sambhaji Pagare is concerned, he has practically shield the culprit and did not allow the law to take its motion immediately, thereby facilitating wiping of vital evidence, including medical examination of the victim in proper time. Hence, his prayer, with other accused/ applicants, is rejected except Applicant No. 4, Kavita. Hence, order. 3. In the event of arrest of accused applicant Vimal Soma Chaure and Kavita Dattatrya Gaikwad, they be released on their individually furnishing P.R.Bond and surety in the sum of Rs.15,000/- [Rupees fifteen thousand only], till charge sheet. 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 4. The accused/ applicants, after their release, shall coordinate and assist the investigator by visiting the investigator whenever so commanded; they shall not leave jurisdiction of Kusumba, Taluka District Dhule, till filing charge sheet. 5. Application of accused/ applicant Sambaji Yashwant Pagare, Kishor S/o Shriram Gawali, Rajesh S/o Pandharinath Pawar, Vinod S/o Balwant Sonawane and Avinash S/o Lotan Shewale rejected. Prayer for interim protection for the above referred applicants, rejected. [K. U. CHANDIWAL, J.] Dated:16/10/2009. ans/3598