{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1890 OF 2010 1. Amol s/o Basawrao Hatte Age-19 years, Occ-Education 2. Angad s/o Dagadu Kudle Age-21 years, Occ-Education 3. Balaji s/o Narsingh Girewad Age-21 years, Occ-Education All R/o Hanegaon, Tq-Degloor, Dist-Nanded APPLICANTS VERSUS The State of Maharashtra Through police station Officer, Police Station, Markhel Tq-Degloor, Dist-Nanded RESPONDENT ....... Mr. N.P.Patil (Jamalpurkar) Advocate for the applicants Mr. S.G.Nandedkar, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 1st July 2010 PER COURT: 1. By this application, the applicants have prayed this {2} Court to release them on bail in connection with CR No.64/2009 registered with Markhel police station, Tq-Degloor, Dist-Nanded for an offence punishable u/s 363, 366-A, 376 (g) r/w 34 of the Indian Penal Code, as the applicants are arrested on 16.12.2009 and since then they are in jail. 2. It is informed that in this offence, after completion of the investigation, charge sheet has been filed on 07.03.2010 before JMFC, Degloor in RCC No.31/2010. 3. Heard learned counsel for the applicants followed by learned APP. Perused the papers of investigation. 4. It appears that initially, a missing compliant was lodged by the father of the prosecutorix on 25th November 2009 that his daughter was abducted in the evening of 24th November 2009 by the applicant No.1 with the assistance of applicants No.2 and 3. Papers of investigation discloses that after the alleged complaint of missing was lodged, allegedly a phone call of the prosecutorix from Agra was received by her mother. Thereafter, whereabouts of the applicants and prosecutorix came to the knowledge of the complainant and they came to know that the applicants are at Agra with the prosecutorix. Accordingly, on 14th December 2009, the applicants and prosecutorix were apprehended at Agra and brought to their native and thereafter the present compliant came to be lodged by the father of the {3} prosecutorix. 5. There are allegations of gang rape on the prosecutorix in the complaint, as the the same are based on the information provided by the prosecutorix to her father. In this light, examined the CA report, as the vaginal swab of the prosecutorix, semen as well as blood samples of the applicants were sent for chemical analysis. The report is received on 17th April 2010. The CA report is not favourable to the prosecution. At the same time, after the arrest of the applicants, as well as after the prosecutorix was brought back, they were referred for medical examination. It is worth to be noted that during the medical examination of the prosecutorix, no marks of violence were noticed, when there are allegations that the applicants had continuously ravished the prosecutorix during their stay in UP. Apart from the above, a provisional certificate is issued by the medical officer wherein it is stated that the medical officer is unable to opine as to whether the sexual relations maintained by the prosecutorix are recent or not. Considering these aspects it is clear that the statement of the prosecutorix is not supported by the medical evidence. Other than this, the statements of the prosecutorix and statement of her mother also play a vital role. The said statements nowhere disclose that the prosecutorix was compelled by the applicants to accompany them or she was abducted by the applicants. These facts required to be considered in the light of the age of the prosecutorix. As on the date of the alleged incident, the {4} prosecutorix was 17+. In view of this and considering the fact that now the investigation is over and charge sheet has been filed coupled with the fact that the prosecutorix has also got married, there no chances of tampering of prosecution witnesses by the applicants. Thus, considering the peculiar circumstances, case is made out by the applicants to enlarge them on bail, however on certain conditions. 6. In the result, the application is allowed. All the applicants be released on bail on their furnishing solvent surety in the sum of Rs.20,000/- each and on executing PR bond in the like amount. The applicants are directed not to contact the prosecutorix or her relatives. Thus, the application stands disposed of. [A.V.POTDAR, J.] drp/B10/criapln1890-10