1 criapln3948-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3948/2011 Pramod Ankush Thorat .. Applicant Versus The State of Maharashtra ..Respondent .... Shri S.S.Bora, Advocate for applicant. Mr.B.V.Wagh,APP for State. .... CORAM : T.V.NALAWADE, J. DATE : 17th October 2011 PER COURT 1] This is second application filed by the applicant for bail in C.R.No. 267/10 registered in Newasa police station, Dist.Ahmednagar for offences punishable under sections 363, 366, 376(g), 323, 504, 506 r.w. 34 of I.P.C. The previous application was disposed of as withdrawn. It was submitted that after withdrawal of the previous application, charge sheet was filed and there are some circumstances which were not discussed in the previous application. The papers of investigation were made available by A.P.P. 2] The crime is registered on the basis of report given by prosecutrix who is the wife of Dayanand Jadhav. She has made allegations against the applicant and three other persons that when she was cohabiting with the 2 criapln3948-11.odt husband, she was forcibly taken away from the place of her husband and she was kept at various places by the present applicant and other three persons. She has made allegation that the present applicant and others had gang- raped her and ultimately on 11/12/2010, poison was administered to her forcibly to finish her. She has made allegation that applicant had insisted that she should work as a prostitute and she she should earn income for him. 3] The papers of investigation include statement of the husband of the prosecutrix and it shows that first time she had left his company in February 2010. He did not give report in respect of the first incident though he had seen that the applicant was insisting his wife to keep relations with him. He has contended that he had brought his wife back to matrimonial house and after about two months, his wife was again missing. He had suspicion against the present applicant on this occasion also. Then on 1/12/2010, he received the information about the wife and he contacted her on 13/12/10, when he learnt that she had consumed poison. He has contended that she made allegations against present applicant and others that they had raped her. 4] The applicant is relying on some record like copy of application filed under Section 125 of Cr.P.C. for maintenance. It was submitted that the prosecutrix had given the name of the applicant as her husband in the proceeding and this proceeding was disposed of due to compromise between present applicant and the prosecutrix. Copy of affidavit of one Rambhau who is said to be uncle of the prosecutrix is produced. He has said something 3 criapln3948-11.odt about the love affairs between the prosecutrix and the present applicant. Attention of this Court was brought to the statement dated 23/12/10 given by prosecutrix to police after the incident of poisoning. In the statement, she has stated that she herself had consumed poison as there was suspicion against her that she had committed theft of ornaments of one Mandabai Dhage. 5] It was submitted for the applicant that he has been behind the bars since December 2010. It was submitted that it is not sure as to when the case will be disposed of. In view of the aforesaid circumstances, this Court holds that it is fit case to grant bail to the applicant. In the previous application, the aforesaid circumstances were not brought to the notice of this Court. Subject to some conditions, bail can be granted to the applicant. Hence the following order. 6] Application is allowed. Applicant is to be released on bail on furnishing P.R. bond of Rs.15,000/- with S.B. in the like amount. The applicant is not to enter into Dedgaon, Tq. Newasa, Dist.Ahmednagar which is the place of resident of husband of prosecutrix viz. Dayanand Jadhav, till disposal of the case against him. Applicant is not to tamper with prosecution witnesses. (T.V.NALAWADE,J. ) umg/criapln3948-11