1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.: 3740 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: SHRIHARI P. DAVARE, J. Kishor Raosaheb Aarle and another Versus The State of Maharashtra and another *** Mrs. S. S. Jadhav, Advocate for the Applicants. Mr. D. R. Korde, A.P.P. for the Respondent/ State. Mr. N. B. Narwade, Advocate for original complainant. *** 1. Perused the investigation papers which were made available for perusal purposes and also heard learned counsel for the respective parties. 2. This is an application preferred by the Applicant Nos.1 and 2 seeking anticipatory bail apprehending their arrest under C.R. No. 132 of 2011 registered at Shevgaon Police Station, district Ahmednagar for the offences under sections 366, 376, 342, 506 read with 34 of I.P.Code. It appears that the offence has been registered on the basis of the complaint lodged by complainant Aishwarya D/o 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.: 3740 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: SHRIHARI P. DAVARE, J. Vikram Kekan on 5th July, 2011 alleging that on 19th May, 2011 at about 11.30 p.m. she woke up to answer the call of nature and went out of the house for the same. The Applicant No.1, with the assistance of Applicant No.2 abducted her on motorcycle and thereafter by Tavera and took her to a lodge at Shivajinagar, Pune and committed rape upon her and confined her in the said lodge and also gave threats to her that she and her father would be killed. It is also alleged that the Applicant No.1 married with the complainant on 23rd May, 2011 forcibly at Shrikrushna Mangal Karyalaya at Alandi and obtained her signature on the register under coercion and also took the photographs with her under undue influence and also kept the complainant on lodge at Pimpri and committed rape upon her repeatedly. 3. At the out set, the school leaving 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.: 3740 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: SHRIHARI P. DAVARE, J. certificate of the complainant, produced at Exhibit-A (page 9) discloses the date of birth of the complainant as 9th May, 1993 and hence it appears that on the date of incident i.e. 9th May, 2011 the complainant was major. Learned counsel for the Applicants pointed out that the Applicant No.1 had filed complaint with P.I., Ahmednagar on 4th July, 2011 [Exhibit-E, page 26] contending that marriage between the complainant and Applicant No.1 took place on 23rd May, 2011 and on 27th May, 2011 her parents took the complainant from the Applicant No.1 on the pretext that they would take her to enable her to meet the relatives and thereafter kept her in custody with them. It is also stated in the said complaint that the Applicant No.1 received telephonic call from complainant on 2nd July, 2011 and 4th July, 2011 informing that her life as well as life of applicant 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.: 3740 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: SHRIHARI P. DAVARE, J. No.1 is in danger and her parents would arrange her marriage with some other person. It is submitted that thereafter on 5th July, 2011 the present complaint came to be filed by the complainant apparently under the pressure of her parents. Pertinently, although the alleged incident occurred on 19th May, 2011, as per the version of the complainant, the complaint came to be filed on 5th July, 2011 i.e. after the delay of almost about one and half months and the said inordinate delay has not been explained and since the complaint in question came to be filed on 5th July, 2011 by the complainant, after giving the complaint by the applicant No.1 with P.I.,Ahmednagar on 4th July, 2011, it appears that the complaint in question dated 5th July, 2011 is the outcome of the said complaint filed by the Applicant No.1 with P.I., Ahmednagar on 4th July, 2011. 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.: 3740 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: SHRIHARI P. DAVARE, J. 4. Apart from that, the averments made in the complaint, apparently, are not in tune with the ingredients of sections 366 and 376 and also under section 342 of I.P.Code and the case put forth by the complainant is not digestible. 5. Having considered the submissions of respective counsel and considering the allegations made against the Applicants and the nature of offence, I am of the view that custodial interrogation of the Applicant Nos. 1 and 2 is not necessary for the further progress in the investigation and hence present application deserves to be allowed. 6. In the result, present application is allowed and it is directed that in the event of arrest of the Applicants under Crime No. 132 of 2011 registered at Shevgaon Police Station, district Ahmednagar, they be released on bail on furnishin P.R. Bond in 6 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.: 3740 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: SHRIHARI P. DAVARE, J. the sum of Rs.15,000/- each, and one surety for the like amount, for each of them, on the following conditions. (i) The Applicant Nos.1 and 2 shall give attendance before the concerned investigator once in a week i.e. on every Saturday between 04.00 to 07.00 p.m. till filing of the charge sheet and shall cooperative in the investigation. (ii) The Applicant Nos.1 and 2 shall reside out out Ahmednagar district till filing of the charge sheet, except for giving the attendance as mentioned herein above before the concerned investigator and shall inform their fresh addresses to the concerned investigator forthwith. (iii) The Applicant Nos.1 and 2 shall not influence upon the witnesses and/ or tamper with the evidence, in any manner whatsoever, directly or indirectly. 7 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO.: 3740 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: SHRIHARI P. DAVARE, J. 7. The present application stands disposed of finally. 8. The above observations are prima facie in nature. [SHRIHARI P. DAVARE, J.] Dated:06/09/2011. ans/3740