1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3336 of 2009 (Bhagwat Vs. The State) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mrs. S.S.Jadhav, Adv., for the applicant. Mr. V.D.Godbharle, APP, for the respondent State. ... CORAM: K.U.CHANDIWAL, J. DATE: 9/10/2009 P.C.:- 1. The accused/applicant seeks bail in Crime No.141/2009 registered with Parali Gramin Police Station for the offenses under Sections 376, 109, 506 of IPC and 3(1)(2)(12), 3(2)(5) of the Atrocities Act. 2. The role attributed to the present accused/applicants is of guarding when Sakharam, a motor mechanic, had barged house of the prosecutrix, a minor girl belonging to Scheduled Caste 2 community, he ravished and sexually abused the minor. The present accused/applicants facilitated such acts. It is contended, the accused Bhagwat has driven away elder sister of the prosecutrix from the house and latched the door while the other colleague Prakash (aplicant no.2) was deputed at the road to watch any pedestrian movement. It is alleged that mother of the victim was engaged in washing apparels at nearby distance in the said evening. 3. The accused/applicants are in custody from 25.7.2009. They were taken in magisterial custody after 30th July, 2009. Chargesheet is filed on 31.8.2009. 4. Though the nature of allegations project a grave situation of perverted mind, however, the surrounding circumstances prima facie deserves bail to the accused as they have already undergone custody and since precautions are contemplated 3 about their presence in the village, the present applicants may not amount to a terror to the victim - the prosecutrix. 5. The accused/applicant no. 1 Bhagwat s/o Ramkishan Gitte and No.2 Prakash s/o Nagorao Gitte be released on their individually furnishing P.R. bond and surety in the sum of Rs.25,000/- in Crime No.141/2009. The parameters of grant of bail to present applicants/accused should not be coined as a parity for Sakharam. 6. The accused/applicants, after their release, shall keep themselves away from village Malkapur and shall remain at Ambejogai city, till completion of trial. 7. The accused/applicants shall furnish their changed address to the investigator with contact number and shall attend the nearest Police Station on last Sunday of every month till the 4 trial. The name of such Police Station be also communicated to the investigator in Crime No. 141/2009. Application allowed in above terms. (K.U.CHANDIWAL) JUDGE ... agp/3336-09crapl