1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3416 OF 2010 1. Raju Ashokrao Shewale R/o Ashok Colony, Bhokar, Tq. Bhokar, Dist Nanded. 2. Rupesh S/o Gnyanoba Telang R/o Chikhalwadi, Bhokar, Tq. Bhokar, Dist. Nanded. ..APPLICANTS -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. S.C. Bhosale, advocate for applicants. Mr. S.J. Sonawane, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 9th September, 2010. PER COURT : 1. This is an application for bail under Section 439 of the Criminal Procedure Code. 2. Heard learned Advocate for the applicants and the learned A.P.P. 3. The recitals of the F.I.R. prima facie indicate that one Pravin Sonkamble is the main accused. He allegedly forced the prosecutrix to enter the Auto Rickshaw and threatened her while on the way and also used to press her breast. He took her to a place 2 in the agricultural land on the way and tried to commit sexual intercourse. It is alleged that he removed her clothes and ravished her. The present applicants however did not commit the act of sexual intercourse and said to be abettors. 4. Both the applicants are youngsters and did not use force against the prosecutrix at the relevant time. It is probable that they were in the company of the main accused due to prior plan to have a sexual relations with the prosecutrix. Still, however, they did not force her for the purpose of sexual intercourse though she was taken to the excluded place by side of Nagar road. In this view of the matter, the applicants are entitled to seek liberty on certain terms. Taking over all view of the matter, the proper order to pass is as follows. “The applicants be released on bail on furnishing of Bail Bonds along with one Solvent Surety each to the tune of Rs.25,000/- (Rs.Twenty Five Thousand) each to the satisfaction of the Court of Sessions and further on submission of undertaking that they will not enter the limits of Bhokar Taluka during the pendency of the trial of Sessions Case except on the dates of hearing of the Sessions Case or in respect of other days without permission of the Court of Sessions. They shall not make any 3 attempt to contact with the prosecutrix and tamper with the evidence of prosecutrix". (V.R.KINGAONKAR) JUDGE gas/cri3416.10