cra2935.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2935 OF 2011 Bramhanand s/o Bhaurao Kale, Age-25 years, Occu:Driver, R/o-Yehalegaon (Tukaram), Tq-Kalamnuri, Dist-Hingoli. ...APPLICANT. VERSUS The State of Maharashtra, Through Police Station, Akhada Balapur, Tq-Kalamnuri, Dist-Hingoli. ...RESPONDENT. ... Shri.Mahesh V. Ghatge Advocate for Applicant. Shri.N.H. Borade, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 21ST JULY, 2011 PER COURT : 1. This Application is filed for regular bail in Crime No.39 of 2011 registered with Akahada Balapur police station, Tq-Kalamnuri, cra2935.11 2 Dist-Hingoli for the offences punishable under Section 376, 363, 366(A) of Indian Penal Code. The papers of investigation are made available. Both the sides are heard. 2. The crime is registered on the basis of the report given by father of the prosecutrix. The wife of the informant informed to him that prosecutrix was missing since the night between 19th April, 2011 and 20th April, 2011 and she had left home by saying that she was leaving to ease herself. The prosecutrix is said to be aged about 15 years. After making enquiry, father gave report. He learnt that present Applicant had helped the main accused Sandip. The name of the Applicant was also mentioned in the report. The prosecutrix came to be traced and present Applicant came to be arrested on 24th June, 2011. Application for anticipatory bail filed by the Applicant, was rejected by this Court. cra2935.11 3 3. The Advocate for the Applicant submitted that the allegations are mainly against Sandip and so that the Applicant can be granted bail. The statement of the prosecutrix is recorded and she has stated that the Applicant had come to her house on that night and he had taken her out of the house. The relevant portion of the information given by the wife of the complainant is already quoted above. 4. Advocate Shri. S.R. Bagal has appeared for the original complainant to oppose the Application and he has produced copies of the affidavits of the witnesses, which were filed in the Sessions Court. The allegations are made by the witnesses that on 22th June, 2011 the Applicant had given threats to them and so there was tampering with the prosecution witnesses and there was breach of conditions imposed by the Court while granting ad interim bail. cra2935.11 4 5. It is not the case of the State that the present Applicant had gone to various places with Sandip and prosecutrix. The medical certificate is not made available by the State. In view of the aforesaid circumstances, this Court holds that subject to some conditions, bail can be granted to the Applicant. So the Application is allowed. The Applicant be released on bail in Crime No.39 of 2011 registered with Akahada Balapur police station, Tq-Kalamnuri, Dist-Hingoli for the offences punishable under Section 376, 363, 366(A) of Indian Penal Code, on his furnishing P.R. and S.B. of Rs. 15,000/- (Rupees Fifteen Thousand). The Applicant is not to tamper with the prosecution witnesses and he is not to enter village Yehalegaon (Tukaram), Tq-Kalamnuri Dist- Hingoli till the disposal of the Sessions Case. [T.V. NALAWADE, J.] asb/JULY11