1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 2834 OF 2009 Somnath Ankush Hulage .. Applicant Vs State of Maharashtra .. Respondent Mr. Ujwal R Agandsurve, Advocate for the Applicant. Mr. K.V.Saste, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 09/07/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking bail in C.R.No.21 of 2009 of Velapur Police Station, Velapur, Dist-Solapur. The said crime has been registered against the applicant and three others for having allegedly committed an offence punishable under sections 363, 366(A), 376,341,342, 384, 323, 506 read with 34 of IPC. 3. I have perused the statements of the prosecutrix, her mother Usha Sadaphule and Mohade Narayan Jadhav. The prosecutrix and Mahadeo Jadhav were together when they were kidnapped and assaulted by the co-accused-Vinod Kamble. They T 2 both have stated, in detail, as to how they were kidnapped, taken to the lodge where the present applicant and the co- accused -Balu Nichal were called by Vinod Kamble on telephone and how they demanded an amount of Rs.20,000/- from Mahadeo Jadhav and were assaulted by all the accused including the present applicant. Thereafter the prosecutrix was allegedly raped by Balu Nichal. Insofar as the applicant is concerned, it appears that he reached the scene of offence only when he was called by Vinod Kamble and the only role attributed to him by the prosecutrix and Mahadeo Jadhav is that the applicant also along with the accused assaulted them. Insofar as the witness-Usha Sadaphule is concerned, she has not attributed any role to the present applicant except the fact that he was seen with other accused taking dinner on the terrace of the lodge. In the backdrop of these facts, Mr Agandsurve, learned counsel for the applicant submitted that there are no allegations against the present applicant attracting the provisions of Sections 363, 366A and 376 of IPC and, therefore, he is entitled for bail. Mr Saste, learned APP, fairly submitted that there are no allegations against the applicant attracting these provisions of IPC. Having considered the submissions of the learned counsel for the applicant and the nature of allegations against him, in my opinion, continued 3 detention of the applicant is not necessary. Hence the following order. The applicant is directed to be enlarged on bail in the sum of Rs.25,000/- with two sureties to make up the said amount, subject to the conditions that the applicant shall report to the concerned police station on every Wednesday and Saturday between 6 and 7 pm for a period of three months from today and thereafter on every Saturday between 6 and 7 pm till conclusion of the trial. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)