Cri. Apln. No. 2253/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2253 OF 2011 1. Pramod Ankush Thorat, 2. Vinayak Ankush Thorat, 3. Balu @ Sambhaji Shivaji Thorat, 4. Baba Tukaram Pawar, All R/o. Degaon, Tal. Newasa, Dist. Ahmednagar. ....Applicants. Versus State of Maharashtra ....Respondent. Mr. Satyajit Bora, Advocate for applicants. Mr. G.R. Ingole, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 20th June, 2011. PER COURT : 1. This application is filed for bail in Cr. No. 267/2010 registered in Newasa Police Station, District Ahmednagar for offences punishable under sections 363, 366, 376 (g), 34 etc. of Indian Penal Code. The APP has made papers of investigation available for perusal. Both the sides are heard. Cri. Apln. No. 2253/11 2 2. It is submitted by the advocate of the applicants that it is the first bail application filed in the High Court and previous bail application was withdrawn. The APP submitted that police have filed chargesheet and the case can be expedited. 3. Crime is registered on the basis of report given by the prosecutrix. She has made allegations that at the relevant time she was living in the house of her parents with her husband. She has two issues. She has made allegations that the present applicants were their neighbours and bout 6 to 7 months prior to the date of report, she was forceably taken away by them. She has made allegations against applicant No. 1 Promod that he kept her at various places. She has however made allegations against all the applicants that they had gang raped her. She has made allegations that threat of life was given to her and threat was also given that they would finish her issues and husband also. She has mentioned the last incident dated 11.12.2010, in which according to her, poison was administered to her forceably. She has also contended that applicant No. 1 was forcing her to work as prostitute. 4. Advocate of the applicants drew the attention of this Court to the supplementary statement given by the prosecutrix on 23.12.2010. In this statement, she has contended that she has consumed poison as there was allegation against her that she had committed theft of ornaments of Cri. Apln. No. 2253/11 3 Mandabai Dhage. It is also contended that this lady has some dispute with her husband in the past and proceedings under section 125 of the Criminal Procedure Code was also filed by her. 5. The record shows that allegations are mainly against applicant No. 1 though there are vague allegations that other applicants also gang raped her. The advocate for the applicants submitted that consent of the prosecutrix cannot be ruled out even at this stage in view of the contentions made by the prosecutrix and the delay caused in giving of the report. In any case, the fact remains that atleast applicant No. 1 somehow induced the prosecutrix to leave the matrimonial house. The advocate for the applicant No. 1 submitted that he is not pressing the application in respect of applicant No. 1. So the application in respect of applicant No. 1 stands disposed of as not pressed. 6. Though the chargesheet is filed and it will take some time for disposal of the case, in view of the nature of the allegations and the aforesaid circumstances bail can be granted to applicant Nos. 2 to 4, subject to some conditions. 7. So the application of applicant Nos. 2 to 4 viz. Vinayak Ankush Thorat, Balu @ Sambhaji Shivaji Thorat and Baba Tukaram Pawar is allowed. They are to be released on bail on furnishing PR and SB of Rs. Cri. Apln. No. 2253/11 4 15,000/- (Rupees fifteen thousand) by each of them. These applicants are not to enter in the village Dedhagaon, Tal. Newasa, Dist. Ahmednagar till the disposal of the case which is filed against them. They are not to tamper with the prosecution witnesses. [ T. V. NALAWADE, J.] ssc/criapln2253.11