{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3703 OF 2009 Vakil Honya (Holya) Thakre & Another APPLICANTS VERSUS The State of Maharashtra RESPONDENTS ....... Mr.C.R.Deshpande, Advocate for applicants Mr.N.R.Shaikh, APP for respondent / State ....... [CORAM : A.V.POTDAR, J.] DATE : 4 th November 2009 PER COURT: 1. By the present application, the applicants prayed to release them on bail in connection with an offence registered with Nizampur Police Station vide CR No.42/2009 u/s 376 (g) r/w 34 of the Indian Penal Code. 2. Heard Mr.Deshpande, learned counsel for the applicants followed by the arguments of learned APP for the state. 3. The prosecution story, in brief, is that, on 01.05.2009 at around 12 noon, the daughter of the complainant, by name Sita, {2} went to the field to give fodder to the cattle of her brother in law. Sometime thereafter a watchman, working in the adjacent industrial unit came to the complainant and informed that victim Sita was dragged by the applicants in the nearby field, where they raped her. Immediately, the complainant rushed to the place and found that the victim was lying naked in a ditch and both the applicants were apprehended by other watchmen. Thereafter, the victim was brought to the police station where the complaint of the mother of the victim came to be recorded. 4. During the course of submission it is addressed that considering the medical evidence collected during the investigation in respect of the victim, no signs of forcible intercourse were found on her person to support the case of the prosecution that she was forcibly raped. It is also urged, by pointing out the medical certificates of the two accused, who were immediately examined, that there was no sign of forcible intercourse found on their private organs. According to learned counsel for the applicant the investigation in the present crime is over, the victim and the accused are not residents of the same village and hence there is no possibility of tempering of prosecution witnesses at the hands of the applicants, therefore, it is requested that the applicants be released on bail. 5. The application is opposed by the learned APP. {3} 6. Considering the submissions across the bar and the fact that the alleged incident took place in the broad day light, which indicates the boldness of the accused that they can drag anybody in a broad day light to satisfy their lust. Medical evidence of the accused also requires to be considered. The clothes of the accused were seized immediately on the same day of the incident within hours. Examination of the said clothes indicate presence of semen on their cloths, which shows that soon before seizure of the cloths of the applicants they were indulged in sexual activity. Considering this fact, coupled with the fact that the victim was found naked where these applicants were apprehended, it is clear that the applicants are involved in a heinous crime of a gang rape on a helpless girl. If such accused are released on bail merely because the investigation is over and the charge sheet is filed then it would amount to giving license to such persons to indulge in such heinous crime of gang rape. In the result, the applicants do not deserve any leniency. The application is accordingly stands rejected. [A.V.POTDAR, J.] drp/criapln3703-09