1appln-2266-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2266 of 2010 Mohammed Arshad Mohammed Manjur Alam ... Applicant. versus State of Maharashtra ... Respondent. Mrs Anjali Patil, for the Applicant. Mrs A. S. Pai, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 11TH AUGUST, 2010. P.C.:- 1. Heard rival submissions for some time on this regular bail application preferred by the applicant-original accused No.1, arrested in C.R.No.24/2009 for the offence u/s 376(G) 366 (A), 342, 5-6 read with Section 34 of I.P.C. registered with Panvel Railway Police Station. 2. At the threshold, it must be mentioned that earlier Bench of this Court, (Shri R.S.Mohite,J), had released co-accused No.2 on bail 2appln-2266-10 vide order dated 21.4.2009 . The role assigned to accused No.2 is the same as assigned to the present applicant. 3. Case as narrated in the F.I.R., lodged on the very next date of the incident, can be narrated as under:- The present applicant was known to the complainant- mother prosecutrix, a girl aged about 17 years, or so, and he was on visiting terms and was known to their family. At times, present applicant used to visit the house of the complainant. The complainant mother called him to her house on 7.11.2009 and made him aware that she was in need of Rs.10,000/- for payment of the house rent. At that point of time, the present applicant expressed his inability for want of such amount. However, he assured that he may arrange to get the said amount and also assured that if he got married with the prosecutrix, she can get the said amount of Rs.10,000/-. Thereafter, on the next day i.e.on 8.11.2009, prosecutrix was contacted on her mobile by the another co-accused and she was enquired, whether she need any financial help. Accordingly, an arrangement was arrived at between the co-accused, who has already been released on bail, and the prosecutrix that she should meet him at Panvel Railway Station at 3.00 p.m. on the next day i.e. on 10.11.2009. The prosecutrix refused 3appln-2266-10 to attend and meet the said co-accused. However, on the next day, i.e. on 11.11.2009 prosecutrix, in fact, met the said co-accused and both of them went to some hotel and there the alleged incident of forcible sexual intercourse took place and according to the prosecutrix she was compelled by the co-accused for such act. After this, according to the prosecutrix, present applicant also entered the hotel room and also had forcible sexual intercourse and thereafter both the accused went away. On the same day, the prosecutrix was found sitting on the platform of Khandeshwar Railway Station and that time allegedly her mother, the first informant, met her and there the prosecutrix narrated the entire incident as to what had happened in the hotel room and how she was taken there by the co-accused. 4. What is crucial in the present matter is the findings of the medical evidence,inasmuch as there are no injures on the private parts of the prosecutrix so also it is opined that she was habituated to the intercourse. As such, prima facie, apart from the statement of the said prosecutrix, there is nothing which will prompt this Court to reject the present application for bail and more so when the co-accused has already been released on bail when he is placed in the same circumstances as those are alleged against the present applicant, still 4appln-2266-10 considering that the allegations against the present applicant and the co-accused are that of gang rape more so, considering the peculiar circumstances and the allegations imputed against the applicant and as to various averments mentioned in the F.I.R. and the theory of the mother of the complainant in need of Rs.10,000/- that for such for such purpose even to get such amount the prosecutrix accompanied the unknown person and even reached to the certain hotel. In the result, present application is allowed by imposing certain conditions on the applicant. In the result, the following order:- ORDER: (a) Bail application is allowed. (b) Applicant arrested in C.R.No.24/2009 for the offence u/s 376(G) 366 (A), 342, 506 read with Section 34 of I.P.C.registered with Panvel Railway Police Station, he shall be released on bail on executing a P.R.bond of Rs.25,000/- with one surety for the like amount. (c) After availing the bail, the applicant shall attend concerned Police Station on every Monday between 10.00 a.m.to 12.00 noon, till conclusion of the trial. (d) The applicant shall not directly or indirectly tamper with 5appln-2266-10 the prosecution witnesses. (e) Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. Application is disposed of in above terms. (A.R.JOSHI,J)