abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 656 OF 2008 Sandeep Bharat Patil .. Applicant V/s The State of Maharashtra .. Respondent Mr.V.V. Purwant for the applicant. Mrs.M.M. Deshmukh, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 13TH MARCH 2008 P.C. P.C. P.C. : 1. Heard. 2. By this application, the applicant seeks bail in connection with C.R. No.172/2007 registered with Pandharpur City Police Station for the alleged offence punishable under sections 376, 504 and 506 of the Indian Penal Code. 3. According to the prosecutrix, she knew one Pradeep Kale before her marriage. She had intercourse with him on several occasions prior to the marriage. - 2 - She married Anna Patil on 25th May 2007. However, the prosecutrix separated from him soon after the marriage. According to the prosecutrix, after the separation, the said Pradeep Kale again invited her to meet him and she was being carried to Pradeep Kale by Sanchin Patil and Nilesh Shinde on a motor cycle. It is alleged that Sachin Patil and Nilesh Shinde raped her on way by taking her to the terrace of a secluded house. The prosecutrix alleges that thereafter she was taken to Pradeep Kale where Pradeep Kale and his friends raped her. 4. By an order dated 21st February 2008 passed by this Court in Criminal Application No.228 of 2008, the main accused Pradeep Kale has been granted bail, inter alia, on the ground that the prosecutrix had consensual intercourse with him on several occasions in the past and there was prima facie no reason for him to rape her. 5. Be that as it may. The prosecutrix has named six persons who allegedly raped her after the rape by Pradeep Kale. The applicant is not one of the persons named in the said FIR. It is only in a supplementary statement that she has stated that she was also raped by the applicant. It is not the case of the prosecutrix that she did not know the applicant and hence she had not named him in the FIR. In the circumstances, taking - 3 - into consideration the fact that the applicant has not been named in the FIR, in my view, the applicant is entitled to bail. Hence, I pass the following order:- ORDER ORDER ORDER The applicant be released on bail in connection with the offence mentioned above on executing personal bond of Rs.20,000/- with two sureties of the like amount subject to the following conditions:- (a) The applicant shall attend the concerned police station once a month between 1st and 5th day of every British calendar month. (b) The applicant shall not change his present residence without prior intimation to the police. (c) The applicant shall not make any inducement or threats to the prosecutrix nor shall he make any attempt to contact her. (d) Any breach of the aforesaid conditions would result in cancellation of bail. (D.G. KARNIK, J.)