1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.3591 of 2008 -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=- =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri S.P. Bhandarkar, Advocate for Applicants. Smt. A.R. Taywade, APP for State. CORAM : R.C. Chavan, J. DATE : 24th October, 2008 This application for bail by three persons respectively 70, 55 and 40 years in age reveals a very unusual story. These three persons have been arrested for committing a gang-rape upon one Jyotibai on 13-8-2008 in respect of which, said Jyotibai gave a report to the police on 26-8-2008. Jyotibai herself is 40 years in age. Jyotibai is the mother-in-law of one Maya, who is the daughter of applicant No.2 Madhukar. Jyotibai states that Maya did not have any issue and, therefore, her son Ritesh had left Maya at her parental house at Chakkikhapa. Jyotibai had gone to bring back Maya from Chakkikhapa. The FIR gives a very detailed description of what clothes the victim was wearing, what clothes she had carried with her, whether she had gone to stay at Chakkikhapa or not. Jyotibai states that applicant No.3 Dharmraj took her to his house when the other two applicants also came and thereafter they are stated to have committed forcible sexual intercourse with said Jyotibai. She admits that she did not narrate the incident to her relations at whose house she went the same night. 2 The applicants are arrested on 27-5-2008 and are in jail since then. There is no medical evidence as also evidence from Forensic Science Laboratory. In these circumstances, there is no likelihood of the applicants being in a position to tamper with evidence. As for their presence at the trial, it can be secured by imposing stringent condition of bail. In view of this, the following order is passed. The applicants be released on bail on furnishing a PR bond of Rs.50,000/- each with two or more solvent sureties in the aggregate sum of Rs.50,000/- on the condition that they shall attend the Police Station concerned every Sunday at 10 a.m. till the chargesheet is filed. Bail before the Judicial Magistrate First Class. Hamdast allowed. JUDGE Lanjewar