IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATON No. 166 OF 2009 Deepak @ Shilpakavi C. Margum ... Applicant Vs State of Maharashtra ... Respondent *** CRIMINAL APPLICATION No. 167 OF 2009 Ravishankar Ambaji Banda ... Applicant Vs. State of Maharashtra ... Respondent --- Mr. Ujwal Agandsurve, for the Applicant. Mr. J.P. Yagnik, APP for the Respondent. CORAM: P. D. KODE, J. DATED: FEBRUARY 13, 2009. P.C.: ---- . Heard learned counsel for the applicant and the learned APP for the State, in both the Applications. Both the Applicants/accused arrested on 13th July, 2008 and charge-sheeted by Vijapur Naka Police Station Solapur, in connection with C. R. No. 199 of 2008 for the offences punishable under Section 363, 366, 376, 342, 506 and 109 of Indian Penal Code, have prayed for bail. 2. In short it is the prosecution case that on 25th June 2008 at about 12 noon or thereabout victim - 2 - girl of age 18 years 10 months, while returning to her house was enticed by the applicant in Criminal Application No. 167 of 2009 on the promise of marriage and/or threat of killing parents and by making her to seat on his motor-cycle No. MH-13 AB-7279 taken her to room at Guruprasad lodge, Shivaji Nagar Pune and had raped her twice on 26th and 27th June 2008. Similarly, during the period in between 28th June 2008 till 30th July 2008 he had confined her in a house at plot No. 44, Vikram Nagar, behind Yashwant Spinning Mill Solapur and again committed rape by threatening her that she should behave as per his wish, otherwise he would kill her parents. 3. It is prosecution case against applicant in Criminal Application No. 166 of 2009 that said applicant in spite of being aware of the marriage of applicant/accused in Criminal Application No. 167 of 2009 and having 2 wives and the children had given a room to him and thereby assisted him in commission of crime, as described hereinabove. 4. After prima-facie considering the material collected by police during the investigation and particularly the statement of the victim girl and the period for which she had moved around and stayed alongwith applicant/accused in Criminal Application - 3 - No. 167 of 2009, her conduct during the said period, her age, as prima-facie revealed from complaint lodged by her father, matters revealed from medical papers there appears substance in the contention of the learned advocate for the applicant of same prima-facie militating against the probability factor of himself having committed offences, for which he has been charge-sheeted by the police. Thus, taking into consideration the roles, allegedly played by the said applicant and so also in Criminal Application No. 166 of 2009, and taking into consideration the character of material available against the accused both of them have made out case for grant of bail. However, having regard to the apprehension expressed by the learned APP of prosecution evidence getting tampered, following order is passed to secure the ends of justice. ORDER . The applicant-Ravishankar Ambaji Banda (in Cri. Application No. 167 of 2009) and the applicant- Deepak @ Shilpakavi Chandrashekhar Margum (in Cri. Application No. 166 of 2009) be released on bail on furnishing P.R. bond in the sum of Rs.25,000/- each with two solvent sureties in the like amount, in connection with - 4 - C. R. No. 199, registered with Vijapur Naka Police Station, Solapur, subject to following conditions- (i) The applicants in both the Application shall attend Vijapur Naka, City Police Station, Solapur everyday for a period of three months after furnishing the bail; and thereafter once in a week for a period of three months; and thereafter once in a fortnight, untill further orders. (ii) The applicants in both the Applications shall not tamper with the prosecution evidence or make any attempt to contact and/or to give threats to the prosecution witnesses. (iii) The applicants in both the Applicants shall not commit any offence after they are released on bail. Both the Applications stands disposed of accordingly. [ P. D. KODE, J.]