IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 270 OF 2009 Dilawar Tukaram Devkant ...Applicant Vs. The State of Maharashtra .. Respondent --- Shri Vaibhav Bagade i/b. Vaibhav & Associates for Applicant Mrs.M.H. Mhatre, APP for the State ---- CORAM: V.M. KANADE J. DATED 31ST MARCH, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the Learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under sections 302, 376(g), 201 r/w. 34 of the Indian Penal Code. 3. The prosecution case is that the deceased Khushboo was invited at the place of the Applicant for the birthday party of his son. After the birthday party was over, the Applicant had asked his brother and one other person to take Khushboo to her house and, thereafter, while instead of taking her to the house, the said two accused had committed rape on her, killed her and her dead body was dumped in the chamber of irrigation department. 4. The only material which is on record against the Applicant is the statements of two witnesses, who have stated that they had seen the Applicant near the Cottage Hospital at 10.30 p.m. in the night and he was in a frightened state of mind. One of the witnesses had stated that it was the duty of the Applicant to see whether the deceased had safely reached home and he had not informed the complainant or the police and there was every possibility that he had helped the other two accused who had committed rape and killed her. Since there is no other material on record, in my view, the Applicant deserves to be released on bail. It is not the prosecution case that the Applicant had committed rape or murder of the deceased. 5. The Applicant, therefore, under these circumstances, be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicant shall report to the concerned police station twice in a month. 6. Application is disposed of. V.M. KANADE J.