{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4275 OF 2009 1. Sunil s/o Asaram Garad Age-20 years, Occ-Agril R/o Surdi, Tq-Majalgaon Dist-Beed 2. Amol s/o Prabhu Thakur (Tour) Age-20 years, Occ-Agri R/o Surdi, Tq-Majalgaon, Dist-Beed APPLICANTS VERSUS The State of Maharashtra Through Police Station, Majalgoan Dist-Beed RESPONDENT ....... Mr.S.J.Salunke, Advocate for the applicants Mrs.Yogita M.Kshirsagar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 13th January 2010 PER COURT: 1. By the present application, the applicants have approached this Court for their release on bail in connection with CR No.181/2009 registered with Majalgaon police station for an {2} offence punishable u/s 366-A, 376-G, 354, 323, 504, 509 r/w 34 of the IPC. 2. It appears that the said offence came to be registered on the complaint of one Kavita Pawar on 28.08.2009 and applicants came to be arrested on 30.08.2009 and since then they are in jail. It is informed that charge sheet is filed in this case on 23.11.2009. 3. Heard learned counsel for the applicants followed by the submissions of the learned APP. Perused the papers of investigation. 4. It is urged on behalf of the applicants that considering the statements of the prosecutorix and the witnesses, who have allegedly witnessed the said incident, the role alleged against the applicant is of assistance to the main accused, who is released on bail. It is urged that apart from the above, whether in realty the said offence is committed by the accused or not has to be ascertained as though the charge sheet is filed, no medical evidence is coming forth to show signs of violence as alleged by the prosecutorix so also no CA report is coming forth. It is urged that though the incident occurred in the night of 25th August 2009 and the same was disclosed immediately by the prosecutorix, yet there is delay in lodging the FIR of about 3 days. In the premise, it is prayed to release the applicants on bail. It is also contended that {3} the alleged incident took place at village Surdi, which is at a distance of about 30 km from Majalgaon and if a condition is imposed that the applicants should not enter in village Surdi, where the prosecutorix and other witnesses are residing, the applicants are ready to abide by the same and ready to stay at Majalgaon till the trial is over. 5. The application is opposed by learned APP on the ground that there is direct involvement of the applicants in the alleged offence disclosed by the prosecutorix herself. According to learned APP, if the applicants are released on bail even after completion of the investigation, there is every possibility of tampering of prosecution witnesses. 6. Considering the rival submissions it is clear that the main accused is released on bail. It is not disputed that the alleged role played by applicants is of abatement and not of actual sexual ravishment. It is surprising to note that though the charge sheet is filed, no medical papers are coming forth before this Court. In the premise, as now the investigation is over the applicants can be released on bail by imposing certain stringent conditions. 7. In the result, application is allowed. The applicants be released on bail on their furnishing surety in the sum of Rs. 15,000/- each and on executing PR bonds in the like amount. The applicants are directed not to enter village Surdi till the trail in the {4} present case is over and they are further directed to stay within the vicinity of Majalgaon. The applicants to report to the concerned police station once in a month till the trial is over. [A.V.POTDAR, J.] drp/A10/criapln4275-09