1 ba700.11+1.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO.700 OF 2011 (KIRAN GOVINDRAO TAJNE//VS// STATE OF MAH. THR. PSO, WASHIM.) IN CRIMINAL APPLICATION (BA) NO. 692 OF 2011. (NITIN CHANDRAKANT MADKE//VS// STATE OF MAH. THR. PSO, WASHIM.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.S. Patil, Advocate for Applicant in B.A. No.700/11. Mr. R.S.Kurekar, Advocate for Applicant in B.A. No.692/11. Mr. A.M. Joshi, A.P.P. for Respondent/State.. CORAM : M.N.GILANI, J. DATED : DECEMBER 15, 2011. Heard both sides. Both these applications are by the applicants who have been arrayed as accused in Crime No.307 of 2011 registered with Police Station, Washim for the offence punishable under Sections 376, 313, 504, 506 read with 34 of the Indian Penal Code. On the basis of the complaint lodged by one Ku. Sagar Waichal on 06.08.2011, the aforesaid offence came to be registered. She averred in the report that in the year 2009 accused No.1 Nitin developed contacts with her and on many occasions committed sexual intercourse with her against her will. Thereafter, accused No.2 Kiran also joined him and they both started abusing her sexually. Once, they had taken her to Rajshree Lodge at Pusad where Shyam Sangale committed sexual intercourse with her against her will. At the end, it is stated that on 31.07.2011 accused Nos. 1 and 2 (present applicants) had carried her to one lodge at Mangrulpir where the police raided the lodge and caught them. Thereafter, she lodged the report. 2 ba700.11+1.odt It seems that the prosecutrix had decided to lodge report only after she was apprehended in the Lodge i.e. on 31.07.2011. First Information Report is dated 06.08.2011. To put it differently, the affairs between the prosecutrix and the present accused persons could have continued had there been no incident of prosecutrix visiting the Lodge and police conducting raid. In that light of the matter and considering the fact that the accused persons are in jail from August, 2011 they will have to be released on bail. Both the applications are allowed. The applicants Kiran Govindrao Tajne (B.A. No.700/2011) and Nitin Chandrakant Madke (B.A. 692/2011) are directed to be released on their executing P.R. Bond in the sum of Rs. Twenty Five Thousand each with one surety each in the like amount. JUDGE RR..