1appln-2732-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2732 of 2010 Smt. Kursa Madar Mulani & anr vs. The State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr Umesh P. Mankapure, for the Applicants. Mr Y. M. Nakhawa, A.P.P.,for the State. CORAM:- A.R. JOSHI, J. DATE :- 1ST JULY, 2010. P.C.:- 1. Heard rival submissions for some time on this application for regular bail preferred by both the applicants for their release on bail during the pendency of trial. Offences of abduction and rape are alleged against them. Main allegations are against the co-accused, son of present applicant No.1 and brother of applicant No.2. 2. According to the first informant, some time on 26.4.2010 at about 7:00 p.m. his near relative, a young girl of 18 years was enticed away by the main accused Jamir Mullani and the prosecutrix was taken on his motorcycle. Sensing some trouble he went to the house of said main accused and found present applicants at home. On enquiry with the applicants as to the whereabouts of main 2appln-2732-10 accused, both the applicants gave evasive answers. Thereafter, during that night search was taken for missing girl and it was found out that girl and the main accused had boarded the State Transport Bus from Mangalwedha Bus stand. Thereafter, by hiring a private vehicle the complainant and his other relatives tried to catch the particular bus. However, they could not succeed and hence lodged a complaint with the police regarding abduction / kidnapping. 3. Reportedly, after about three / four days the whereabouts of girl and the main accused Jamir were known to the police and they were brought from Kurla, Mumbai. 4. According to the police report, as on the date of offence of abduction, the girl was aged more than 18 years. Apparently, there was love affair between the her and the main accused and they were studying in the same junior college. 5. Present applicants were put under arrest on 27.4.2010 and since then are in custody. They were arrested only on the solitary statement in the F.I.R.as to instigation of the applicants the main accused abducted the girl. 6. Considering the above the present applicants can be released on bail during the pendency of trial on certain conditions. In the result, the following order:- ORDER: (a) Bail application is allowed. (b) Both the applicants arrested in C.R. No. 100/2010 registered with Mangalwedha Police Station, District Sholapur, shall be released on bail on executing a P.R.bond in the sum of Rs. 10,000/-each with one surety in the like amount each. 3appln-2732-10 © On availing the bail the applicants 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. (d) 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)