2211ba652.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRMINAL APPLICATION (BA) NO. 652 OF 2011 (Shyam Rambhau Sangale Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P. S. Patil, Advocate for Applicants. Mr. V. A. Thakre A.P.P. for Respondent. CORAM : M.N. GILANI, J. DATE : NOVEMBER 22, 2011. This is an application under Section 439 of the Criminal Procedure Code for releasing the accused/applicant on bail against whom Crime No. 307/2011 is registered with Police Station Washim for the offence punishable under Sections 376, 313, 504, 506, read with Section 34 of the Indian Penal Code. On the basis of the complaint lodged by one Ku. Sagar Waichal on 6/8/2011, the aforesaid offence came to be registered. She averred in the report that in the year 2009 accused No.1 Nitin developed contacts with her and on many occasions committed sexual intercourse with her against her will. Thereafter, accused No.2 Kiran also joined him and they both started abusing her sexually. Once, they had taken her to Rajshree Lodge at Pusad where the present applicant Sham committed sexual intercourse with her 2211ba652.11.odt 2 against her will. At the end, it is stated that on 31/7/2011 accused Nos. 1 and 2 had carried her to one lodge at Mangrulpir where the police raided the lodge and caught them. Thereafter, she lodged the report. In the present case, a charge-sheet has already been submitted. On perusal of the F.I.R., it is not clear as to in which month and/or year she was carried to Rajshree Lodge at Pusad. It reveals from the F.I.R. that the allegations levelled against the present applicant/accused are too weak. Even, after considering the allegations in the F.I.R., this does not appear to be the case where bail should be denied to the applicant/accused No.3. The application is granted. Shyam Rambhau Sangale, the applicant is directed to be released on bail on his executing a P.R. Bond in the sum of Rs.25,000/- (rupees twenty-five thousand only) with one surety in the like amount. JUDGE wwl