(1) CR.APP.1764/2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1764 OF 2009 1] Valmik Ishwar Wagh, Age : 21, Occ.: Private Service 2] Khimansingh Jaysingh Girase, Age : 21, Occu.: Private Service 3] Yogendra Jaysingh Girase, Age : 20, Occu.: Private Service 4] Chandrasingh Ishwarsingh Girase, Age : 20, Occu.: Private Service 5] Jitendra Rajesingh Girase, Age : 21, Occu.: Private Service All R/o Sawai Mukti, Tq. Shindkheda, Dist. Dhule .. Applicants Versus The State of Maharashtra, (through Police Inspector Shindkheda Police Station, Dhule) .. Respondent Mr. B.R. Warma, Advocate for the Applicants Mr. N.H. Borade, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 23RD JUNE, 2009 ORAL ORDER:- 1] The applicants are seeking bail in crime (2) CR.APP.1764/2009 no. 21 of 2009 registered with Sindhkheda Police Station, Dist. Dhule for the offences punishable under section 363, 366, 376, 328, 451, 109, 114, 323, 504, 506 r/w. 34 of the Indian Penal Code. 2] It is the prosecution case, that on 14.3.2009, the applicants and their companion Yogesh abducted complainant's sister Anita, aged 18 years. It is further the case of the prosecution that after she was taken away, other accused Yogesh repeatedly raped her. The applicants, Yogesh and Anita came back to their native place on 19.3.2009. After they came back, Anita went to her father's house and made a complaint that she was abducted, raped etc. The applicants were arrested on 10.4.2009 alongwith Yogesh. 3] The applicants deserve bail, because there are number of circumstances, suggesting that Anita on her own went away to marry Yogesh. It is apparent that Anita was in love with Yogesh for quite some time, prior to the incident. Anita had (3) CR.APP.1764/2009 taken with her, her birth certificate, school leaving certificate and ration card. The applicants brought on record various documents, to show that Anita and Yogesh got married at Badwani in Madhya Pradesh. They had engaged services of a lawyer who gave notice to the Police, informing them that Anita and Yogesh had got married and they should not be harassed after they came back to their native place. The applicants played no role in the incident, except that they accompanied Yogesh and Anita to Badwani. 4] The applicants deserved bail even when they moved their bail application before the learned Additional Sessions Judge, Dhule. The applicants are released on bail of Rs.5000/- (Rs. Five Thousand) each with one surety each in the like amount. 5] Application stands disposed of. Sd/- (A.V. NIRGUDE,J.) arp/23june9/cr1764.09