1 BAG-1541.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO.1541 OF 2011 {For Bail} Hitesh Hareshwar Kalokh .... Applicant Vs. The State of Maharashtra .... Respondent AND CRIMINAL APPLICATION NO.1558 OF 2011 {For Bail} Mahesh Anandrao Mane .... Applicant Vs. The State of Maharashtra .... Respondent Shri Laxman S. Deshmukh for the Applicant in both applications. Shri J.P. Kharge, APP, for the State in both applications. CORAM: R.C. CHAVAN, J. DATED: OCTOBER 14, 2011 P.C: 1. These are two applications for bail by the persons who are alleged to have had forcible sexual intercourse with a girl on the verge of completing 16th year of her age. According to the FIR, she was studying in 10th 2 BAG-1541.11 standard. She was friendly with one Vicky, who is possibly a co-accused, since he was in 8th standard. About two weeks before the FIR was lodged on 2-6-2011, the applicant Mahesh is supposed to have called her at his place to teach her how to prepare dal and rice. Then he is alleged to have raped her by using a condom. Vicky, who was also present, is supposed to have repeated the act. One week after this, the applicant Hitesh is alleged to have called her at about 7:00 p.m. at his friend's house and then committed forcible sexual intercourse with her, again using a condom. The victim claims that she was introduced to Ashwin, another co- accused, through Sunny and Praful. On 30-5-2011 at about 11:30 p.m. she is supposed to have been raped by Ashwin on a ground. On 31-5-2011 at about midnight Ashwin allegedly met her again near Sacred Heart High School. Ashwin was in a taxi. There was one more boy with Ashwin. Ashwin asked her to board the taxi. She went in the taxi and then she was raped inside the taxi by Ashwin and the boy with him and the taxi driver as well. Thereafter, on 2-6-2011 a complaint was given. 2. The applicants are in jail since 3-6-2011. The learned counsel for the 3 BAG-1541.11 applicants, therefore, states that since investigation is complete and charge-sheet has been filed, the applicants be admitted to bail. 3. The learned APP has a very strong objection. He states that the applicants are involved in a gang-rape with a girl who was just then 16-years old and therefore consent is immaterial and therefore bail may be denied to them. 4. Considering the manner in which the incidents have occurred and since the investigation is complete and charge-sheet has been filed, no useful purpose would be served by keeping the applicants behind bars till the trial is over. The applicants be released on bail in C.R. No.191 of 2011 of Dadar Police Station, Mumbai on their furnishing P.R. Bonds in the sum of `25,000/- each with one or more solvent sureties in the sum aggregating to `25,000/- per applicant. 5. The applications accordingly stand disposed of. (R.C. CHAVAN, J.)