1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CRIMINAL APPLICATION NO.: 2060 OF 2009 Babasaheb S/o Sopan Gore Versus The State of Maharashtra. *** Mr. R.V.Gore, Advocate for the Applicant. Mr. P.M.Suryawanshi, A.P.P. for the respondent/ State. *** 1. Heard Mr. Gore for the Accused/ applicant and learned A.P.P. 2. The victim, on 13th April, 2009, reported the police that she was attempting to attend natural call. At that time, the accused Popat and accused Babasaheb embarrassed her, outraged her modesty. One of them kissed her, pressed her breast. Her shouts yield some result, making the accused flee from the scene. The matter was reported to police on 15th April, 2009 at 03.00 p.m. giving rise to Crime No.I-83 of 2009 for the offence under section 354, 506 of Indian Penal Code. However, it was based on her affidavit, filed by the victim before the learned Tahsildar, she gave detailed events as to what transpired and indicted the accused applicant to be a person having raped her with his associate Popat. The statement of various relations 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. were recorded by police officers during the course of investigation. The statement, at this stage illustrate, it was due to a fear and also question of esteem, the victim initially did not perceive her case for an offence under section 376 (2) (g) of Indian Penal Code. However, she only chased it with outraging her modesty. 3. The accused Babasaheb is in custody from 15th April, 2009. Charge sheet is filed. The applicant/ accused has been medically examined. The victim has also been medically examined. The accused hails from the said village, however, he has no antecedents. The ground raised for prosecution by the accused is political rivalry. The parties are inter-se cousins. Taking stock of all the facts, the accused deserves to be released on bail on conditions. 4. The Accused/ Applicant Babasaheb S/o Sopan Gore to be released on his furnishing P.R.Bond and surety in the sum of Rs.15,000/- in Crime NO.I-83 of 2009 of Newasa Police Station. 5. The accused shall not live within the jurisdiction of Newasa and Shrirampur Police Stations. The 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. accused will live at Gangapur and shall give his address of Gangapur with phone number, to the investigator. Such arrangement to remain in force till completion of the trial. 6. Application is allowed in above terms. [K. U. CHANDIWAL, J.] Dated:23/07/2009. ans/2060