1 Criminal Application No.1502/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1502 OF 2011 Sanjay s/o Pandurang Lute & anr. ... APPLICANTS VERSUS The State of Maharashtra ... RESPONDENT ..... Shri A.M. Gaikwad, Advocate for applicants Shri K.S. Patil, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 20th April, 2011 PER COURT : 1. Heard finally. The accused/ applicants, in custody from 17.1.2011, in Crime No.189/2010, registered at Mukhed Police Station, for an offence under Sections 376, 306, 209 read with Section 34 of the Indian Penal Code, seek bail. The spectrum of the prosecution case revolves to the victim Muktabai, aged 18 years, having found alone, was carried by 2 Criminal Application No.1502/2011 the accused in the hut and they sexually abused her. Events were allegedly witnessed by Janabai, 16 years old sister of the deceased Muktabai. Her intervention did not yield any result as one of the accused/ applicant Chandu threatened her with a Katti, of eliminating if she comes forward. Janabai submits to the police on 1.11.2010 that she remained outside the hut. Thereafter the accused sneaked in nearby agricultural field. Her sister, without any communication, left. However, Janabai continued her agricultural operations in the field, returned home at 6.00 p.m. Next day, her sister committed suicide. 2. Mr. Gaikwad submits that, there was no post mortem to the dead body. The allegations of infraction of Section 376 of the Indian Penal Code are erroneous, illegal, even if so, would not be possibly established. Counsel submits, it is a false prosecution, more cemented by subsequent statement of the complainant, dated 12.9.2010, recorded by the police officer under the signature and witnessed by two villagers. 3. The accused are alleged to be influential persons of 3 Criminal Application No.1502/2011 the village and police nurse a feeling that the witnesses may be won over or harassed. 4. Considering the statement of the sister and the events, as charge sheet is also filed, further custody of the accused not desired as care can be taken to protect the interest of the witnesses. Hence order : O R D E R I) The accused/ applicants Sanjay s/o Pandurang Lute and Chandu s/o Madhav Lute be released on their furnishing P.R. bond and a surety in the sum of Rs.25,000/- (Rupees twenty five thousand) each. The accused/ applicants, after their release, shall not stay in the village Hokarna, Taluka Mukhed, District Nanded, however, they shall stay at Mukhed till 31st August 2011 and shall furnish their changed address to the investigator. The accused/ applicants shall not commit an offence similar to the offence of which they are accused. The accused/ applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such 4 Criminal Application No.1502/2011 facts to the Court or to any police officer or tamper with the evidence. K.U. CHANDIWAL JUDGE fmp/cri1502.2011