1 Criminal Application No.1280/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1280 OF 2011 Vijaya w/o Pandurang Gurao ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri S.G. Sawalkar, Advocate for applicant Shri V.H. Dighe, A.P.P. for respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 1st April, 2011 PER COURT : 1. Heard. The accused/ applicant in custody from 19.5.2010, roped with 13 persons, has urged to release her on bail. 2. Counsel submits, that the applicant is not keeping good health. She is detected to be HIV positive. She has to take care of her daughter and report to this effect of treatment is illustrative of the stage undergone by the accused/ applicant. Copy of such report is now tendered. 3. The role attributed to the present accused/ applicant 2 Criminal Application No.1280/2011 Vijaya Pandurang Gurao in the large scale activities of conducting a brothel indulging the victim, aged 17 years, is minimal. She pointed the victim to six unknown persons, who subsequently ravished the victim. 4. Considering the nature of accusations, it is difficult to digest at this stage that any act carried by the accused/ applicant was under any allurement, enticement or coercing the victim, a major, roamed freely with other accused. 5. In similarly situated matter relating to Ranjana Ramchandra Tirthkar in Criminal Application No.349/2011, by order dated 22.2.2011, said Ranjana is directed to be released on bail. So far as another accused Meena Vishwanath Kadam is concerned, by order dated 27.10.2010 in Criminal Application No.3929/2010, she was also directed to be released on bail. 6. Survey of above affairs illustrate, the accused/ applicant being not physically keeping well, minimal role in the prosecution for an offence under Sections 363, 366-A of the Indian Penal Code or Sections, 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, deserves bail. 3 Criminal Application No.1280/2011 7. The accused/ applicant be released on bail on her furnishing P.R. bond and a surety in the sum of Rs.25,000/- (Rupees twenty five thousand). The accused/ applicant shall not influence the prosecution witnesses, tamper them and shall not indulge in identical activities. The accused/ applicant shall regularly attend the Sessions Trial at Osmanabad. Failure to result in termination of the bail. Application allowed. K.U. CHANDIWAL JUDGE fmp/cri1280.11