(1) CRI.APP. 3348.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3348 OF 2010 1. Appa S/o Ramesh Ahire (Thakare) Age : 19 years, Occu.: Agri. & Labour, R/o Aslod, Tq. Shahada, Dist. Nandurbar 2. Vijay S/o Daju Sonawane, Age : 21 years, Occu.: Agri. & Labour, R/o Aslod, Tq. Shahada, Dist. Nandurbar .. Applicants VERSUS The State of Maharashtra (Copy to be served on Public Prosecutor High Court of Judicature of Bombay Bench at Aurangabad) .. Respondent Mr. R.S. Shinde, Advocate h/f. Mr. N.L. Choudhari, Advocate for the Applicants Mr. V.D. Godbharle, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 9TH SEPTEMBER, 2010 ORAL ORDER:- 1. The Application is for bail. 2. The applicants have been arrested for offence under section 376, 354 r/w. 34 of the Indian Penal Code. (2) CRI.APP. 3348.2010 3. The FIR purports to show that on 16.5.2010 at about 1.00 pm., the applicants caught hold of the prosecutrix, pulled her to a secluded place of Bathroom having walls of dry straws (turati) and thereafter, pressed her mouth and the applicant no.1 ravished her whereas the applicant no.2 pressed her breasts. 4. Heard Mr. Shinde learned Advocate for the applicants and learned APP. 5. The chargesheet is already filed. I have gone through the chargesheet and recitals of the FIR. First, the FIR was lodged after about 28 hours. The medical report reveals that no physical injury was found on person of the prosecutrix. There was no injury on her private part. The hymen was intact. Thus, the medical certificate prima facie rules out possibility of forcible sexual intercourse committed by the applicant no.1 at the compact place of the temporary bathroom. What prima (3) CRI.APP. 3348.2010 facie appears from the averments and the statement of Namdeo Wanji is that the applicants outraged modesty of the prosecutrix but she might have narrated some overt acts of the applicants. 6. Considering the recitals of the medical certificate, absence of any corroborative evidence collected from the spot of incident and other related aspects, I deem it proper to allow the Application under certain stringent conditions. 7. The applicants shall be released on bail on furnishing bail bonds in sum of Rs.20,000/- (Rs. Twenty Thousand) each with one solvent surety each to the satisfaction of the Court of Sessions, at Shahada and on condition that they shall not enter the village Aslod during the pendency of the Sessions case and shall make no attempt to contact any of the prosecution witness or the prosecutrix during the relevant period and shall make no attempt to tamper with the evidence of the prosecution. In case of committing breach of the directions, the (4) CRI.APP. 3348.2010 bail order may be revoked. Sd/- [V.R. KINGAONKAR, J.] arp