1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2092 OF 2010 Dastgir S/o.Chandsab Bagwan, Age-23 years, Occu-Business, R/o.Ahmedpur, Ta.Ahmedpur, Dist. Latur APPLICANT VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO.2195 OF 2010 1. Younus S/o.Rashid Bagwan, Age-19 years, Occu-Education, R/o.Ahmedpur, Tq. Ahmedpur, Dist. Latur, 2. Khalil S/o.Mainoddin Bagwan, Age-19 years, Occu-Business, R/o.Ahmedpur, Tq. Ahmedpur, Dist. Latur, 3. Wasim S/o.Usman Bagwan, Age-19 years, Occu-Business, R/o.Ahmedpur, Tq. Ahmedpur, Dist. Latur, APPLICANTS VERSUS The State of Maharashtra RESPONDENT 2 WITH CRIMINAL APPLICATION NO.2196 OF 2010 1. Majid S/o.Isaq Shaikh @ Bagwan, Age-19 years, Occu-Labour work R/o.Ahmedpur, Ta.Ahmedpur, Dist. Latur 2. Ajaj S/o.Isaque Shaikh @ Bagwan, Age-19 years, Occu-Labour Work, R/o.Ahmedpur, Ta.Ahmedpur, Dist. Latur APPLICANTS VERSUS The State of Maharashtra, Through Police Inspector, Police station, Ahmedpur, Dist. Latur RESPONDENT Mr.S.S.Salgare, h/f. Mrs.S.S.Jadhav, learned counsel for applicant in first application. Mr.J.M.Deshmukh, learned counsel for applicants in second and third application. Mr.K.S.Patil, learned APP for State in all the applications. CORAM : A.V.POTDAR, J. DATE : 25/06/2010 PER COURT : 1. By these applications, the applicants have approached this Court for their release on bail in connection with CR No.65/2010, registered in Ahmedpur Police Station of Dist. Latur, in which these applicants came to be arrested on 31/03/2010. 3 2. Heard respective counsels for applicants and learned APP for State. 3. It appears that the said offence came to be registered on the complaint of one Julekha Sadiq Pathan about the incident which took place in the night of 30/03/2010. It reveals from the complaint that in the evening of 30/03/2010, around 7.00 p.,m., when the prosecutrix was returning to her home and reached Hina Lodge Chowk, at that time one Juicewala Wasim Bagwan came near her in one auto rikshaw, he assured that he will drop her at her residence, but inspite of that, the auto was taken to village Kingaon road, where other 4-5 persons joined these persons. During the night, she was sexually ravished by 9-11 persons. This act was going on through over night and then she was lonely left there. In the morning, when she became conscious, she came home and informed about the incident to her husband and immediately the complaint was lodged. She was immediately referred for medical examination. On the same day, these all applicants and others were arrested and also referred for medical examination. 4. During the course of submissions across the bar, my attention is drawn towards the papers of medical examination of these applicants and prosecutrix. It is very surprising to note that even though the helpless female was sexually ravished by 9-11 persons throughout the night, neither any marks of violence were noticed on her person, as well as on the person of the applicants. Learned APP 4 has vehemently argued that as the question was raised in the assembly, and the samples are sent for DNA test, of which report is received, the statement of prosecutrix to be believed. The DNA report is in the positive about matching of samples of semen and blood. But the fact remains that if the act is forcibly done and i.e. also by 11 persons, why the marks of violence were not found either on the body of the prosecutrix or applicants. The matter require to be decided by the Trial Court after giving an opportunity to both the sides, but as the medical evidence is not supporting the allegations made in the complaint, the case is made out to enlarge the applicants on bail with certain conditions. Hence order. O R D E R 1. All these three applications are allowed. 2. All the applicants be released on bail on furnishing solvent surety in the sum of Rs.20,000/- each and on executing PR bond in the like amount. 3. After released on bail, the applicants not to contact with the prosecution witnesses. In case, any complaint is received by the prosecutrix about threats, prosecution is at liberty to apply for cancellation of bail. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.2092-10