1appln-1651-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 1651 of 2010 Bhabutsingh Nethiji Chauhan ... Applicant. vs. State of Maharashtra ... Respondent. Mr Kiran Jain, for the Applicant. Mr P. S. Hingorani, A.P.P. for the State. CORAM:- A.R. JOSHI, J. DATE :- 12TH JULY, 2010. P.C.:- 1. Heard rival submissions at length on this regular bail application preferred by the applicant, original accused No.2. The applicant is facing charge for the offences punishable under sections 485, 376 (2) (g) and 506 (II) r.w 34 of I.P. Code in C.R. No.332/2009 registered with Nagpada Police Station, Mumbai. Perused the application and material available on record. 2. Allegations against the present applicant and the co-accused are of rather peculiar nature and in fact create a doubt in the mind of this Court - whether 2appln-1651-10 the things must have happened in the matter as alleged. Even prima facie reading the contents of the F.I.R. It appears that the prosecutrix is well grown woman of about 33 years and having five children and residing in the area where the present applicant is having his work in jewelery shop. In the same area and in the same building in different rooms the co-accused also reside. Allegedly, the offence of gang rape was committed by the applicant some time during the period September, 2009 till October, 2009 third week. According to the prosecutrix, on two occasions such offence took place with intervening span of about 8 to 10 days. The reasoning given by the applicant for submitting to the wishes of the present applicant and co- accused for having sexual intercourse is the threats given by the applicant and others of dire consequences and making public the video shooting conducted by other co-accused while the offence was being committed by the present applicant and vice- versa. It is also alleged in the F.I.R. that noticing such prospective disclosure to the public at large, she submitted to the desire of the applicant and the co-accused and even had given cash amount of Rs.10,000/- and certain jewelery to the applicant and others to satisfy their alleged demand, or otherwise to face the consequences of making public her video photographs. The dates are rather crucial in the matter. Apparently, two alleged acts of gang rape occurred for a period of about two months and thereafter on 4.11.2009 F.I.R. was lodged with the police. This delay is very significant. 3. Admittedly, other two accused have already been released on bail, out of one is a minor boy less than 18 years. All the three accused were arrested on 22.1.2010. That also rather belatedly after the lodging of the F.I.R which took place on 4.11.2009. 3appln-1651-10 4. Considering the above circumstances and considering the nature of allegations and the possibility or otherwise of happening of the acts as alleged against the applicant, the present applicant can be released on bail by imposing certain conditions so as to secure his presence before the Court during the trial. In the result, the following order:- ORDER: (a) Bail application is allowed. (b) The applicant - Bhabutsingh Nethiji Chauhan- arrested in C.R. No. 332/2009 registered with Nagpada Police Station, Mumbai shall be released on bail on executing a P.R. bond in the sum of Rs.20,000/- with one surety in the like amount on following conditions. (i) On availing the bail, the applicant shall attend concerned police station once in a week on every Sunday between 10-00 a.m. to 12.00 till conclusion of the trial. (ii) The applicant shall furnish his local Bombay address as well as his native place address to the concerned Investigating Agency. 5. Any observations made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. (A.R.JOSHI,J) 4appln-1651-10