- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 260 OF 2008 Mamoon Gafoor Khan Applicant vs. The state of maharashtra Respondents Mrs. Nasreen Ayubi, Advocate for the applicant Mr. K. U. Saste, APP for the respondent. CORAM : D. G. KARNIK, J. DATE : FEBRUARY 13, 2008 PC . The applicant has been arrested on 22nd April 2007 in connection with the offence registered with C.B.D. Police Staton Belapur, under C.R. No.I. 69 of 2007 for the offence punishable under section 366, 376 and 506 of Indian Penal Code. 2. The prosecution case, briefly stated, is that the complainant is the married woman from Bangladesh. She and her husband were residing with their one and half year old son at Nerul, Navi Mumbai. Some time in April 2004 the - 2 - applicant wanted to go her native place in Bangladesh. Her husband told her to go along with one Shamiul who was also going to their home town. The applicant is accompanying Shamiul. Initially the applicant went to Belpada and haulted at the house of a relative. Shamiul is alleged to have raped her there. Thereafter she was brought by the accused Nos. 1 to 3 to in the nursery near Kokan Bhavan where again she was raped by the accused including the applicant by rotation. Thereafter, the applicant was sold to some person and brought to Sapana building at Pune, wherefrom the complainant fled and lodged the FIR. The applicant and the other accused were arrested on her complaint. 3. It is true that there are no independent eye witnesses. However, complainant who is the victim and who has been subjected to rape has specifically named the applicant and the other accused in the complaint. They were previously known to her. No reason has been attributed by the complainant to falsely implicate the accused in the crime. Prima-facie complicity of the applicant to the crime is established. 4. The applicant had previously made application for bail before the Session Court. The learned Session Judge, after considering all the material before him has come to - 3 - the conclusion that prima-facie the applicant is connected with the crime. I find no reason to take a different view in the matter. 5. The offence is of serious nature, punishable with imprisonment for life or for 10 years. In view of the fact that there is prima-facie material against the applicant and taking into consideration gravity of the offence, the applicant is not entitled to bail. Hence, the application for bail is rejected. Sd/- [ D. G. KARNIK, J.]