..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1610 OF 2008 Rajendra Maruti Mahamuni @ Sutar. ..Applicant. Versus Versus Versus The State of Maharashtra ..Respondent. .... Mr.S.P.Kadam, Adv. for the applicant. Mr.K.V.Saste, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 28th July, 2008. DATED : 28th July, 2008. DATED : 28th July, 2008. P.C.: 1. Heard the learned Advocate for the Applicant and the learned APP for the State. 2. The applicant is seeking bail in C.R.No.16 of 2007 of Lonand Police Station. The said case is mainly under Section 376 of IPC. 3. The prosecutrix was 18 years old at the time of the incident. She knew accused No.1 Ramesh since about six months. They used to frequently talk on phone. On 28.11.2007 Ramesh called her to railway station. Accordingly the ..(2).. prosecutrix went there. Ramesh came with vehicle. At that time applicant was also in the vehicle. All of them went to a lodge. There accused Ramesh called for tea. It is the case of the prosecutrix that after she drank the same, she became unconscious. Her case is that after she became unconscious, accused Ramesh as well as the present applicant committed rape on her. It is seen that the prosecutrix had willingly accompanied accused No.1 Ramesh to the lodge. It is her case that accused No.1 Ramesh gave her tea which she drank and thereafter she became unconscious. When the prosecutrix was unconscious, it would not be possible for her to say whether only Ramesh committed rape on her or applicant and Ramesh committed rape on her. The medical certificate shows that the prosecutrix was habituated to sexual intercourse. Moreover the main role is assigned to accused No.1 Ramesh. Looking to all these facts, I am inclined to grant bail to the applicant. 4. The applicant - Rajendra Maruti Mahamuni @ Sutar to be released on bail in the sum of ..(3).. Rs.30,000/- with one or two sureties to make up the said amount. The applicant shall report to Lonand Police Station once in a fortnight, till conclusion of the trial. 5. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)