[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.3127 OF 2008 Rajesh Babu Walundra and Anr. ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.U.R.Agandsurve Advocate for Applicant Mr.S.S.Pednekar APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 24, 2008 DATE : SEPTEMBER 24, 2008 DATE : SEPTEMBER 24, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking bail in CR No.153 of 2008 of Hadapsar Police Station, Pune. The said case is mainly under Sections 363 and 366-A of IPC. 3. One Archana was admitted in the remand home as she was victim of rape. At that time, the age of Archana was over 17 years. It is the prosecution case that both the applicants assisted Archana to escape from the remand home. Though the investigation is over and the charge sheet has been filed, there is no material to show that Archana was taken away from the remand home with intention [-2-] or knowledge that she will be forced or seduced to illicit intercourse with another person. The statement of Archana shows that the applicants have not exposed her to rape or any untoward incident. Thus, there is no material to make out an offence under Section 366-A of IPC. As far as offence under Section 363 of IPC is concerned, it is seen that Archana herself had accompanied the applicants as she wanted to escape from the remand home. The said offence attracts punishment upto seven years. Looking to the facts of this case, I am inclined to grant bail. 4. Each of the applicant nos.1 and 2 i.e. applicant no.1Rajesh Babu Walundra and applicant no.2-Sou.Gauri Rajesh Walundra be released on bail in the sum of Rs.30,000/- (Rs.thirty thousand only) each with one or two sureties to make up the said amount. The applicants to report to Hadapsar Police Station, Pune once in a month till conclusion of the trial. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]