1 cri4512.10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4512 OF 2010 1. Gulab S/o Suresh Patil 2. Manohar S/o Adhar Patil Both R/o Village Mangrul, Tq. Amalner, Dist. Jalgaon. ..APPLICANTS -VERSUS- The State of Maharashtra ..RESPONDENT ......... Mr. S.I. Nandode, advocate for applicants. Mr. B.J. Sonawane, A.P.P. for respondent. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 7 th December, 2010. PER COURT : 1. The application is for bail. 2. Both the applicants are arrested in connection with Crime No. 241/2010 registered at Amalner Police Station for the offences punishable under Sections 376, 363, 366 r/w Section 34 of the Indian Penal Code. 3. Heard the learned Advocate for the applicants and learned A.P.P. 2 cri4512.10 4. On perusal of the F.I.R. and upon hearing both the sides, it prima facie appears that the applicants are arrested on account of their intentional erring to main accused i.e. Dada alias Chatur. It appears that on 13.10.2010, the applicants accompanied said Dada alias Chatur when he proposed the prosecutrix about his intention to marry her. The prosecutrix was married to one Shekhar Patil on 02.03.2008. For about one year she had resided with her husband. She was aborted as per the medical advise on 1st occasion when she became pregnant. Again she conceived and thereafter her husband reached her to the house of her parents. On 2nd occasion she got herself aborted and later on allegedly spouses divorced from each other. She was residing with her parents at the relevant time. It appears prima facie that she was taken to Dhule S.T. stand and therefrom to Surat. The recitals of the F.I.R. prima facie show that the prosecutrix did not raise any hue and cry during the transit while she was being taken to Surat by main accused. The present applicants are arrested only because both of them allegedly assisted the main accused i.e. Dada alias Chatur while taking away the prosecutrix in an Auto Rickshaw up till the S.T. stand of Dhule. They did not do anything further. They have no connection with the alleged offence of rape. The prosecutrix was estranged married woman at the relevant time and considering her conduct, 3 cri4512.10 there appears prima facie material to infer that the applicants may not guilty of any offence punishable with death or imprisonment for life. 5. In the result, the applications are allowed. The applicants are directed to be released on bail, on furnishing of bail bonds in the sum of Rs. 15,000/- (Rupees fifteen thousand) each along with solvent surety bond in the like sum, to the satisfaction of the Court of Sessions, and on further condition that they shall not contact with any prosecution witness and shall not make any attempt to tamper with the prosecution evidence. (V.R.KINGAONKAR) JUDGE gas/cri4512.10