1 crap3694.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 3694 OF 2011 Shriram s/o Irappa Kamble, age 45 years, occ. Service (Police Naik), R/o Bembali, Tq. and Dist. Osmanabad ...Applicant VERSUS The State of Maharashtra ...Respondent ..... Smt. Sadhana S. Jadhav, advocate for applicant Shri G.R.Ingole, A.P.P. for respondent ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 9 th September, 2011 PER COURT : 1 Perused the investigation papers which were made available for inspection purpose as well as heard learned counsel for the parties finally. 2 This is an application preferred by the applicant 2 crap3694.11 seeking regular bail, in connection with C.R. 30 of 2011, registered at Bembali police station, District Osmanabad, for the offences punishable under Sections 376(2)(A)(2), 366 and 506 of the Indian Penal Code. 3 It appears that the crime has been registered on the basis of complaint lodged by victim girl, namely Farzana Khamruddin Shaikh on 14.4.2011, alleging that she was lured by the applicant on the false promise that he would give education to her and he would marry with her and on the said pretext, he kept forcible physical relationship with her. 4 Admittedly, the date of birth of the victim girl is 16.8.1992 as per the certificate (page 11) and the alleged incident occurred on or about 10.3.2011, and therefore, apparently the age of the victim girl was about 18 years at the relevant time. 5 It appears from the contents of the complaint that the applicant’s daughter, namely Prithwi and the complainant were friends of each other, and therefore, the applicant used to visit 3 crap3694.11 the house of the complainant and once he ravished the complainant and kept physical relations with her prior to 10.3.2011. It also appears from the contents of the complaint that on 10.3.2011, the applicant pretended the complainant that he would take admission for the complainant for nursing course and would give employment to her and also promised that he would marry with her and thereby took her to Osmanabad and kept her in a rented room in Tambari Sector and they stayed there for about one month and during that period, he kept forcible physical relations with the complainant. Thereafter on 10.4.2011, the applicant asked the complainant to return back to her home and sent her to Bembali. 6 It is significant to note that although the complainant was ravished prior to 10.3.2011 by the applicant, as stated in the complaint, the question arises how and why the complainant lured along with the applicant after 10.3.2011, that too, for a period of one month i.e. upto 10.4.2011 and possibility of consensual intercourse between both of them, apparently, cannot be ruled out. 7 Besides, the medical examination certificate of the 4 crap3694.11 victim girl, dated 14.4.2011, discloses that her hymen was ruptured and there were no marks of any violence over any part of her body, and the said aspects speak for itself. 8 Moreover, the statements of landlord Tulsidas Maindad and his wife Saraswati Maindad are also material, which disclose that during the period of about one month i.e. from 10.3.2011 to 10.4.2011, the applicant and the complainant stayed in a tin room, rented out by the said landlord Tulsidas Maindad, but during the said period, the victim girl Farzana did not attend any nursing course, as disclosed by her, when inquiry was made with her by them, and the applicant herein used to stay with the complainant in the night during the said period and the said statements also speak volumes for themselves. 9 Apart from that, the investigation has been completed and charge sheet has been filed. 10 Thus, having the comprehensive view of the matter, there is no propriety in keeping the applicant in custody further 5 crap3694.11 more and he is entitled to be enlarged on bail. 11 In the result, present application is allowed and it is directed that the applicant – Shriram Irappa Kamble be released on bail in connection with C.R. No. 30 of 2011, registered at Bembali police station, District Osmanabad, on furnishing P.R. bond in the sum of Rs.15,000/- with one surety in the like amount, on the following conditions :- (i) The applicant shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. (ii) The applicant shall not reside in village Bembali, Taluka and District Osmanabad, till the disposal of trial and shall inform his change of address to the concerned investigator forthwith. 12 The present application stands disposed of finally. 13 It is made clear that the above observations are prima 6 crap3694.11 facie in nature and shall be restricted to this order only and shall not be used in any other matter while deciding the same on merits. (SHRIHARI P. DAVARE), JUDGE. dbm/crap3694.11