1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.699 OF 2010 Vilas S/o.Shankar Godbole, Age-Major, Occu-Labour, R/o.Ulhasnagar Taroda (Kd.) Tq. and Dist. Nanded APPLICANT VERSUS The State of Maharashtra, RESPONDENT MrAmol Gandhi., learned counsel for applicant. Mr.N.B.Patil, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 11/03/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on bail in connection with CR No.300/2009, registered in Bhagyanagar Police Station, Dist. Nanded for the alleged offence punishable u/s. 394, 452, 354, 411 r/w. 34 of IPC, in which the applicant came to be arrested on 04/11/2009 and charge sheet came to be filed after completion of investigation on 28/01/2010 in the court of J.M.F.C. Nanded. 2. Heard learned counsel for applicant followed by the submissions of learned APP for State. Perused the papers of 2 investigation. It appears that the said offence came to be registered on 23/10/2009 about the alleged incident took place on 10.30 p.m. at the residential premises of Latabai, wherein it is alleged that on the point of knife, the applicant tried to ravish the complainant and snatched the gold Mangalsutra on her person, weighing about one and half tola and also took out cash in the sum of Rs.5,000/- from the cupboard. This incident took place in the presence of daughter and son of the complainant. At that time, husband of the complainant was not present in the house. During the course of investigation, it revealed that the stolen property was handed over by the present applicant with her mistress Bharatibai, who is shown as absconded in the charge sheet u/s. 299 of The Cr.P.C. 3. During the course of submissions across the bar, it is urged that the lady who is shown as absconded in this charge sheet, have lodged the complaint against brother of the complainant in this case and others in the same police station about the alleged incident took place on 17/10/2009 for the alleged offence punishable u/s. 363, 376(g) r/w. 34 of IPC. It is also alleged that to give counter blast to the complaint lodged by the lady who is shown as absconded in this charge sheet, the present complaint is lodged against this applicant, who is said to be live-in-relationship with said Bharatibai. It is also contended across the bar that the complainant in this offence also threatened the said Bharatibai to kidnap her daughter and to that effect, an offence was registered in Wazirabad Police Station on the same date, which is registered as CR No.238/2009, and hence as the 3 investigation is over, claimed bail. 4. Considering these allegations in the application, directions were given to learned APP to place on record the papers of investigation in connection with CR No.299/2009 as well as CR No. 300/2009 for my perusal. Identification of the applicant can not be disputed as is acquainted with the complainant. Report is received from the Investigation Officer about the complaint lodged by said absconded Bharatibai about the offence registered at her instance against the brother of the present complainant and others which shows that the allegations against those 5 persons are false and the contents about the alleged incident of rape and abduction was not found to be true and correct. On inquiry with the ladies, whose names were given in the said complaint, have stated that at the relevant time, this Bharatibai was never with them and was not abducted in their presence. The statement of the witnesses also recorded in that CR, shows that at the material time, the persons who were arrayed as an accused, were not present in Marwadi Dharmashala, where the alleged incident took place. 5. Now coming to this incident in which the applicant has claimed bail. The incident took place under the garb that on earlier date, Bharatibai has lodged the complaint to whom the present applicant has styled as false complaint is lodged against his wife, hence he entered the premises of the complainant and tried to ravish her. During the course of submissions across the bar, the report 4 submitted by the concerned Investigation Officer about the criminal antecedents to the credit of the present applicant which shows that applicant is a history sheeter and involved in more than 20 offences. It is also submitted that because of the criminal background and nature of present applicant, no witnesses are coming forward to give evidence against hin in the Court of Law. All these facts clearly goes to show that prima facie the applicant is a history sheeter and if released on bail, then life of the witnesses in the present case will be in danger. In the premise, only because the charge sheet is filed, this is not a fit case where the applicant is entitled to enlarge on bail. Hence application stands rejected as sans any merit. (A.V.POTDAR, J.) khs/MAR 2010/cri.appl.699-10