1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.134 OF 2011 Gotya @ Chandrakant Ramdas Pawar ...Applicant. v. The State ...Respondents. Mr. A.A.Mirza, adv. For the Applicant. Smt.A.T.Javeri, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 8, 2011. P.C. 1 Heard. The applicant seeks to be released on bail in crime no.143 of 2010 registered by Mohol police station under sections 376-G, 363 and 366A of the I.P.C. 2 Perused the police papers filed with the chargesheet. As per the report lodged by prosecutrix, who is a girl aged about 10 years, on 10.4.2010 at about 3 a.m. she was sleeping near her grandmother Moharabai. At that time, accused no.1 Ajay Pawar, Accused no.2 Gotya Pawar, who is the present applicant and accused no.3 Rama Shinde came there. Applicant Gotya woke her up. He had knife with him by which he threatened her and all the three accused persons took her away girl on a motor cycle for some distance and then Rama Shinde went 2 away towards Konheri village by the motor cycle leaving prosecutrix with the applicant Gotya Pawar and another accused Ajay Pawar. Gotya and Ajay committed rape on her one after another. Incident occurred at about 4 a.m. Thereafter, she was taken to Konheri village and left at the house of Mohan Kale where she was from 10.4.2010 to 13.4.2010. She was taken to the police station where she lodged the report on 14.4.2010. Medical report about the prosecutrix does not provide any corroboration. Police statement of Moharabai grandmother of the prosecutrix and other witnesses show that on 11.4.2010 in the morning all of them left the village Karkamb and went to the village Saundane and then prosecutrix went alongwith her maternal uncle Subhash Kale and then she was taken away by Sachin Pawar saying that she would be reached to her mother's house. Thus, these statements also do not provide corroboration to her statement before the police. 3 In view of the above facts and circumstances, applicant be released on his executing PR of Rs.15,000/- with one or two sureties in the like amount with condition that he shall not tamper with the prosecution evidence. 3 4 Application stands disposed off. (J.H. BHATIA,J.)