1 CR.APL NO.367/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 911. APPLN/367/2011 YOGESH VASANT USHIRE AND [Criminal] ANR V/S THE STATE OF MAHARASHTRA -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.G.Chapalgaonkar, Adv., for the applicant. Mr. K.M.Suryawanshi, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE: 23-2-2011 1. Prosecutrix, a 13 years old school going girl, was controlled by three boys. The accused/applicants are the named two boys, while Viki claimed that he had love affairs with prosecutrix and desired that prosecutrix should marry him. 2. It is alleged by the prosecutrix, on 21.3.2010 when her mother was sleeping, in the wee hours, four persons i.e. Nitin, Viki, Yogesh and Satish Pawar came to her. They lift her and carried her to a APE Rickshaw, which was stationed at a distance of 100 feets. Viki had controlled her by pressing her mouth 2 CR.APL NO.367/2011 while applicants Nitin and Yogesh, with the assistance of Satish controlled her legs and arms, she was forcibly board in the APE rickshaw. Viki tried to sexually ravish her but could not succeed. Consequently, Viki removed the prosecutrix from APE rickshaw, took her to a nearby secluded place and sexually ravished her while accused/applicants were watching/waiting with Satish near the APE Rickshaw. Victim, in a depressed state of mental state, went home, informed her parents which, subsequently, gave rise to belated prosecution on 10th April, 2010. 2. The accused/applicant; Nitin is in custody from 10th April, 2010 while Yogesh is in custody from 25.7.2010. 3. While rejecting the earlier bail application, this Court directed the learned Sessions Judge to complete the trial as far as possible within a period of six months by order dt.24th August, 2010. 4. The record illustrate, such directions are not adhered owing to 3 CR.APL NO.367/2011 difficulties as are explained by the learned Sessions Judge seized with the matter. The fact remains, the proceedings are dragged. Mr. Chapalgaonkar says that this is a change of circumstance in the matter and I find substance in it. 5. The role attributed to the accused/applicant is illustrated here- in-before. They too are teen agers and not associated with criminal antecedents. Applicant Yogesh is student while applicant Nitin is a labour. The circumstances lean to demonstrate victim a minor developed affairs with Viky and some cloud erupt and gave rise to belated FIR. Considering the above referred accusations and since chargesheet is filed, investigation is completed, further custody of the accused/applicants may make them hardened criminal in company of convicts. Consequently, order: ORDER (a) The accused applicants ( No.1 Yogesh and No.2 Nitin ) be released 4 CR.APL NO.367/2011 on each of them furnishing P.R. bond and surety in the sum of Rs.25,000/- ( Rs. twenty five thousand). (b) The accused/applicants, after their release, shall not stay in the vicinity of Kopergaon and Kopergaon taluka and shall stay at Shrirampur till conclusion of the trial. They will furnish their changed address at Shrirampur to the investigator within 15 days of their release and so also their contact telephone/mobile numbers. (c) The accused/applicants are permitted to attend Sessions trial before the learned Additional Sessions Judge at Kopergaon. For that limited purpose, exemption to enter limits of Kopergaon granted, for the date of hearing. Application allowed with above observations. (K.U.CHANDIWAL) JUDGE ... AGP/367-11crapl