SRJ 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3371 OF 2010 Shri Nagesh @ Bimla V. Dhabhade .. Applicant V/s. The State of Maharashtra & Another .. Respondents. Shri D.B.Shukla, for Applicant. Shri K.V.Saste, A.P.P. for the State-Respondent. CORAM : A.R.JOSHI, J. DATED : AUGUST, 17th 2010. P.C. 1. Heard rival submissions for some time on this application for regular bail preferred by the Applicant for his release on bail during pendency of the case for offences punishable under sections 326 and 344 r/w section 34 of the Indian Penal Code. 2. The facts of the present matter are of rather peculiar nature in as much as First Information Report was lodged sometime in the year 2005. Whereas the present SRJ 2 Applicant was arrested in June, 2010. As it is the factual position that apart from mentioning name of the Applicant in the First Information Report, there is nothing else so as to implead the present Applicant with the alleged offences. 3. The facts of the matter can be narrated as under. Sometime in the year 2004 or by end of year 2003, Complainant-young boy, then aged about 18 years, got acquainted himself with the present Applicant and other co-accused. Present Applicant and other co-accused are apparently belonging to the category of eunuchs. For few months, during the earlier months of the year 2005, Applicant came in contact with these persons and was staying along with them and was indulged in the same activities that are being usually practiced by asking money from the people. Applicant was introduced to one Mahesh Guru, apparently head of the said eunuchs. Allegedly, some time in January 2005, when the Complainant sustained certain accidental injury, he was assisted by his fellow friends, including the present Applicant. Some time on or about 8 th January, 2005, he was taken to the house of the said Mahesh Guru. There he was administered something in drink. Certain operation was performed on the Complainant and Applicant & Others amputated the private parts of the Complainant by some SRJ 3 operation. It is alleged in the First Information Report, which is lodged on 18 th April, 2005 that by means of some sharp knife said operation was performed at the house of the said Mahesh Guru and at that time, present Applicant assisted the said Mahesh Guru. After the operation, complainant became unconscious and after some time he regained consciousness. He was threatened of dire consequences and not to disclose said episode to anybody. Thereafter, Complainant was detained in same house and in fact was kept under surveillance by present Applicant and was not allowed to escape. Somehow, on or about 8 th February, 2005, Complainant escaped from the room and managed to reach his home. Thereafter, he was taken to hospital at Vashi, New Bombay and thereafter to Sion Hospital. He was discharged somewhere in the April, 2005. Thereafter, on 18 th April. 2005, he lodged complaint against present Applicant and others alleging commission of offences punishable under section 326 and allied offences under Indian Penal Code. 4. During the course of arguments, learned A.P.P. for the State submitted that the present Applicant was absconding and cannot be arrested for five years and only some time in the month of June, 2010, he was arrested. Admittedly, except taking the name of the present Applicant in the First Information Report, there is SRJ 4 nothing before the Investigating Agency as submitted during arguments. Since, June, 2010, present Applicant is in custody and he is denied bail by the concerned Additional Sessions Judge, Bombay on the ground that if he is released on bail, he may not be available for Trial as earlier for five years he was not available. During arguments on behalf of the State, it is submitted that the main accused i.e. Mahesh Guru is absconding, however, another co-accused is released on anticipatory bail. Also during the course of arguments, medical certificate is shown to the Court which is dated some time in April, 2005. Apparently, allegations in the First Information Report are very significant and indicate that entire private parts i.e. penis and testicles were removed. If it is the factual position of such amputation then the present Applicant would not have been alive. However, still, the Complainant wants to believe that he was operated in the house without there being any medical facilities and that also operation by means of a sharp knife and cutting his private parts including testicles. 5. Considering the allegations as mentioned above and considering that no any other material except mentioned in the First Information Report as against present Applicant, in the opinion of this Court, present application can be allowed on certain conditions. Hence SRJ 5 Order:- (a) Criminal Application is allowed. (b) Applicant  Shri Nagesh @ Bimla V. Dhabhade shall be released on bail on his executing a P.R. bond in the sum of Rs.10,000/- (Rs. Ten thousand only) with one surety for the like amount. (c) In the event of availing the bail as above, Applicant shall attend the Deonar Police Station once in a week on every Sunday between 10.00 a.m. and 12.00 noon till conclusion of the trial. (A.R.JOSHI,J.)