1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1191 OF 2010 Mr.Santosh Pathare and ors. ..Applicants. Vs. The State of Maharashtra. ..Respondent. Mr. Harshad Bhadbhade for the Applicants. Mr.Y.S.Shinde, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 8th April, 2010 PC : 1 This is an application for grant of regular bail. The applicants are shown as an accused in C.R.No.104/2009 registered by Mahad City Police Station for alleged offences under Sections-376, 509, 102(b) read with 3(1)(x), 3(1)(xii) and 3(2) (v) read with Section 6 of the Scheduled Castes and Scheduled Tribes Act, 1989. In so far as these applicants are concerned, it is an admitted position that they are not amongst the rapists. The applicant No.1 Santosh is Sarpanch of the Village 2 but the prosecutrix does not name him as one of the rapists. The Applicant No.2 is a lady in whose house the alleged incident has taken place. The statement of the prosecutrix indicates that she was brought to the house of the applicant No.2 by one accused No.1-Yogesh but the prosecutrix does not named him as one of the rapists. He however, left the house when the rape was taken place. Accused applicant No.3 was not identified by the prosecutrix as one of the rapists though the police have held identification parade. Hence, I am inclined to grant bail to the applicants. It is therefore, directed that pending their trial in connection with C. R. No.104/2009 registered by Mahad City Police Station, they will be released on bail in the sum of Rs.10,000/- each with one surety each in the like amount subject to the condition that they will report to the Investigating Officer once in a fortnight on every first and third Monday between 11.00a.m. and 5.00p.m. till the disposal of the trial and on 3 further condition that they will remain present on all the dates of the trial in the trial court unless exempted. Application is disposed off. ( R.S. MOHITE, J.)