(1) criapln4247-11-4245-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4247 OF 2011 Shri Aapsing s/o Vesta Padvi, R/o Vahawani, Tq. Dhadgaon, District Nandurbar APPLICANT VERSUS The State of Maharashtra RESPONDENT WITH CRIMINAL APPLICATION NO. 4245 OF 2011 1. Shri Vesta s/o Nurya Padvi 2. Shri Nawasa s/o Bawa Padvi 3. Shri Singa s/o Bawa Padvi All r/o Vahawani, Tq. Dhadgaon, District Nandurbar. APPLICANTS VERSUS 1. The State of Maharashtra 2. The Dy. Superintendent of Police, Akkalkuwa, District Nandurbar RESPONDENTS .... Mr. A.G. Magare, advocate for the applicants in both the applications. Mr. N.H. Borade, A.P.P. for the Respondent/State in both the applications. .... CORAM : M.T. JOSHI, J. DATED : 1st NOVEMBER, 2011 PER COURT : 1. Heard both the sides. (2) criapln4247-11-4245-11 2. Applicant - Aapsing Vesta Padvi, vide Criminal Application No. 4247/2011, is seeking regular bail while the applicants in Criminal Application No. 4245/2011 are seeking anticipatory bail in the event of their arrest in connection with Crime No. 38/11, registered at Molgi Police Station (Dist. Nandurbar) for the offences punishable under section 376, 109, 504, 506 read with section 34 of the I.P. Code. 3. The perusal of the F.I.R. reveals that the prosecutrix being a major girl had sexual relations with the main accused, namely, Aapsing Vesta Padvi for a considerable period of time. It is her case that on the promise to perform marriage, she had kept those relations with the main accused. The allegations against rest of the applicants (in Cri. Application No. 4245/2011) are that they had recommended the main accused as a suitable boy being "good one". The main accused - Aapsing was arrested on 12th August, 2011 and is presently in M.C.R. It is admitted at Bar that D.N.A. test as regards the child born to the prosecutrix and main accused - (3) criapln4247-11-4245-11 Aapsing is already undergone and the results of the same are awaited. 4. Considering all the circumstances on record, while the main accused - Aapsing deserves to be released on bail, the rest of the accused, allegedly being only abettors to the crime by making mere recommendation about the eligibility of the main accused, also deserve to be released on anticipatory bail. 5. In the circumstances, therefore, applicant - Aapsing s/o Vesta Padvi be released on bail upon his executing P.R. Bond in the sum of Rs. 15,000/- (Rupees fifteen thousand) and also upon furnishing surety in the like amount. His application i.e. Criminal Application No. 4247/2011 stands allowed accordingly. 6. In the event of arrest of the applicants in Criminal Application No. 4245/2011, they be released on bail upon each of them executing a P.R. Bond in the sum of Rs. 15,000/- (Rupees fifteen thousand) and also furnishing surety in the like amount by each of them, in connection with the Crime No. 38/11, (4) criapln4247-11-4245-11 registered with Molgi Police Station. All the applicants (in Cri. Application No. 4245/2011) shall remain present before the Investigating Officer for the purposes of interrogation as and when reasonably called by him for a period of two months from the date of this order. The Criminal Application No. 4245/2011 stands allowed accordingly. [ M.T. JOSHI ] V.J. NPJ/criapln4247-11-4245-11