IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR CRIMINAL APPLICATION NO.1532/08 Aziz Khan ..vs.. State =================================== CORAM: S.R. DONGAONKAR, J. DATE:25.4.2008 Heard Mr. Ghuge, Advocate for the applicant and Mr.Sonare, A.P.P. for state. There was no interim order in this case. Applicant is apprehending his arrest for the offence punishable u/s 363, 365, 366, 376, 295, 498, 34 of IPC r/w section 3(g), 7 9 of Religious Institutions (Prevention of Misuse)Act 1988 arising out crime no.42/2008 of P.S.Buldhana. Allegations against the applicant are that he had taken part in the commission of the offence and associated in commission of offence committed by the main accused – Junaid; of rape with Sau Mangala w/o Shashikant. The case of the applicant is that Mangala had voluntarily gone with the main accused and thereafter she performed marriage with him. Main accused in the present case Junaid has been released by the learned A.S.J. Khamgaon on bail, so also there is other accused by name Hafiz who is also released on bail, as informed by the learned counsel for the applicant. The state has opposed this application saying that the involvement of the present applicant was there in the offence, as he had accompanied said Junaid and obtained signatures of Mangala on various stamp papers. It appears that main accused in the present case has been released on bail. In view of 2001 ALL MR (Cri)1829 Mohammed Yakubdin Khan ..vs.. State , the applicant also deserves to be released on anticipatory bail. In the event of arrest of the applicant, for the offence punishable u/s 363, 365, 366, 376, 295, 498, 34 of IPC r/w section 3(g), 7 9 of Religious Institutions (Prevention of Misuse)Act 1988 arising out crime no.42/2008 of P.S.Buldhana, he be released on bail on furnishing surety and PRB of Rs.25000/- subject to conditions that he shall report at P.S. Buldhana as when directed by the I.O. for the purposes of investigation and shall not directly or indirectly tamper with the prosecution evidence. Application stands disposed of. JUDGE smp