1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1653 OF 2010 (Santosh Rushi Wairagade .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri A.D. Hazarey, Advocate for the applicant. Shri M.J. Khan, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 18TH NOVEMBER, 2010. Heard. By way of present application, the applicant is seeking regular bail for the offence punishable under Section 376(G), 506 of the Indian Penal Code read with Sections 3(1)(12), 3(2)(5) of SC and ST (Prevention of Atrocities) Act vide Crime No. 11/2010 registered with the Police Station, Virur, Tahsil Rajura, District Chandrapur. Learned Counsel for the applicant submits that the applicant is falsely involved in the said offence. There is no material against the applicant neither any role is played by the applicant. He further submits that the allegations of the sexual exploitation of the victim are alleged against the other accused. Learned Counsel submits that in view of this fact, the applicant deserves to be released on bail. The reply is filed by the learned APP. The papers of the investigation are also placed on record. The investigation papers reveal that the applicant had an acquaintance with the victim and he offered lift to the victim. On assurance given by the applicant, the victim proceeded to her village Lakkadkot. The record further reveals that though the applicant has not exploited the victim, it was the applicant on whose assurance the victim proceeded to go to her place along with the applicant and other accused on the motor bike as a pillion rider. The other accused exploited the victim and the applicant was a spectator. It is further stated in the report that the 2 applicant and the other accused left the victim without clothes and the victim had to take shelter in the house of Rekhabai Kodape. The statement of Rekhabai came to be recorded by the investigating agency. The incident was immediately told to Rekhabai by the victim. It is also stated by Rekhabai that the victim was having no clothes and Rekhabai provided clothes and shelter to the victim. The investigating agency has also expressed the apprehension that if the applicant is released on bail, he may not be available for further investigation. It is also stated in the reply that the applicant filed by the applicant before the learned Sessions Court was rejected on considering the material and there is no change in circumstance. In view of the material available against the applicant, I am of the opinion that the applicant is not entitled to be released on bail. In the result, the application is rejected. JUDGE *rrg.