1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO.1995 OF 2009 Musadique Sagir Shaikh and ors .. Applicants Vs State of Maharashtra .. Respondent Mr.Hemant Deshpande , Advocate for the Applicants. Mr. K.V.Saste, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 23/06/2009 PC: 1. Heard learned counsel for the applicants and learned APP for the respondent. 2. The applicants are seeking bail in C.R.No.I-169 of 2008 of Bhiwandi Police Station. The said crime has been registered against the applicants and one another for having allegedly committed an offence punishable under sections 363,366,366(A), 368, 376, 328, 344, 506(2) read with 34 of IPC, sections 3 and 25 of Arms Act and sections 37(1),135 of Bombay Police Act. 3. I have perused the statement of the prosecutrix-Nujhat Aherar Shaikh, who is hardly 16 years old. She has stated in detail as to how the applicants and one another (co-accused- T 2 Faijal) kidnapped her and how she was treated till she was rescued on 19.12.2008. She has not only named all the applicants but has also stated as to what role each one of them played. Mr.Deshpande, learned counsel for the applicants, submitted that having regard to the statement of the prosecutrix, the applicants, at the most, can be said to have used force against the prosecutrix and they cannot be stated to have either kidnapped or raped the prosecutrix. This submission, in sofar as rape is concerned, may be correct, but it is difficult to accept the submission that the present applicants did not have any role in kidnapping the prosecutrix and using force against her. The manner in which the incident occurred and the nature of allegations made against the present applicants, in my opinion, this is not a fit case to enlarge the applicants on bail. Hence, the application is rejected. Trial is expedited. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.) 3