1 Criapln4863/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4863 OF 2011 Bhaskar Ramnath Lembhe Applicant V E R S U S The State of Maharashtra Respondent Shri S.K. Shinde, Advocate for the applicant Shri K.S. Hoke-Patil, APP for the respondent / State CORAM : R.Y. GANOO, J. DATED : 18th November, 2011 PER COURT : 1. Issue notice to the respondent / State. Learned A.P.P. waives service, as he has received investigation papers. 2. Heard learned Advocates of both sides. 3. The applicant is arrested in connection with CR No. I – 51 of 2011, registered with Rajur Police Station, Taluka Akole, District Ahmednagar. According to the complainant Ku. Waysa Budha Kondar, the present applicant and co-accused Santosh caught her in an awkward situation, and thereafter, Santosh alleged to have raped, whereas the present applicant was standing nearby. 4. The statements of agricultural labourers working nearby are recorded. They claimed that on hearing the shouts of the complainant, they reached there and she narrated the incident to all of them. All these agricultural labourers are unanimous in their statements. The statement of Hirabai in 2 Criapln4863/2011 particular shows that as soon as the agricultural labourers reached the spot, she found Santosh and the present applicant ran away. The learned Advocate for the applicant contended that no overt acts of sexual intercourse is attributed to the present applicant and he is only alleged to have given threats. Supplementary statement of the victim-girl shows that the present applicant threatened her not to go to the police station, otherwise she would be killed. It is true that the present applicant has not indulged in overt act having sexual intercourse, however, his presence at the spot speaks volume. The investigation is in progress. Hence, at this stage, application of the present applicant for bail cannot be granted. The present applicant is in associate with the main accused and the present applicant facilitated the overt act of Santosh. Hence, the application for bail stands rejected. ( R.Y. GANOO, J. ) SRM/criapln/4863/11/18/11/11