cra2937.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2937 OF 2011 Narayan Sundar Kale, Age-30 years, Occupation:Agricultural, R/o-Churmapur, Tq-Ambad, Dist-Jalna. ...APPLICANT. VERSUS The State of Maharashtra, ...RESPONDENT. ... Shri.Joydeep Chatterji Advocate for Applicant. Shri.N.H. Borade, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 21ST JULY, 2011 PER COURT : 1. This Application is filed for bail in Crime No.32 of 2011 registered with Majalgaon (Rural) police station, Dist-Beed, for the cra2937.11 2 offences punishable under Sections 376 (2) (g), 366(A), 306, 504, 506 read with 34 of the Indian Penal Code. Papers of the investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by one Meera Choudhar, who was aged about 17 years at the relevant time. She has contended that in the past her father was working as labour with one Babulal Rasal. As the father of Meera had some dispute with Baburao, the father shifted to the field of Rajkumar Deshmukh at Rampimpalgaon and he started working there. Allegations are made that on 4th April, 2011 Babulal and present Applicant came on motorcycle at about 2.00 p.m. at the residential place of Meera in the field of Rajkumar Deshmukh and by telling her that there was some work in the Bank, she was taken away from the residential place. Allegations are made that from Georai, Baburao and other persons like Pinu, Krushna took her in a cra2937.11 3 Jeep to Paithan. From that day, she was kept at various places by Baburao. She has made allegations that Baburao raped her at various places and ultimately on 9th April, 2011 she was reached back to Rampimpalgaon. Due to the aforesaid incident, on 10th April, 2011 she set herself on fire and succumbed to the burn injuries. Dying declaration was also recorded. The crime was initially registered on the basis of the aforesaid report given by Meera and subsequently Section 306 came to be added. 3. The Advocate for the Applicant submitted that charge-sheet is filed. He further submitted that even if two dying declarations of Meera are accepted as they are, the only role attributed to the Applicant is that he was with Babulal on 4th April, 2011. He pointed out statement of one Rajashree Deshmukh and submitted that this statement is not consistent with the DD showing presence of the Applicant at the cra2937.11 4 residential place of Meera on 4th April, 2011. 4. Though it is true that scrutinizing or appreciation of evidence in detail is not necessary at this stage, the fact remains that present Applicant was in the company of Babulal for some time. The Advocate for the Applicant submitted that other two persons like Pinu, Krushna, who were in the company of Baburao from Georai to Paithan, are granted bail. Thus, the main allegations are against Babulal. It was submitted that Babulal is also arrested. 5. In view of the aforesaid circumstances, this Court holds that subject to some conditions, bail can be granted to the Applicant. So the Application is allowed. The Applicant be released on bail in Crime No.32 of 2011 registered with Majalgaon (Rural) police station, Dist-Beed, for the offences punishable under Sections 376 (2) (g), 366(A), 306, 504, 506 read with 34 of the cra2937.11 5 Indian Penal Code, on his furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand). The Applicant is not to tamper with the prosecution witnesses and he is not to enter Beed District till the disposal of Sessions Case, but he may go to Majalgaon for attending hearing of the Sessions Case. [T.V. NALAWADE, J.] asb/JULY11