1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR Criminal Application B.A. No.478/2011 Geetabai Shankar Mandokar Vs. State of Maharashtra =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : U.V. BAKRE, J. DATED : 14/9/2011. Heard Mr. H.M. Mohta, learned counsel for the applicant and Mr. M. A. Kadu, learned APP for the respondent. The applicant, who has been arrested on 16.5.2011 in Jalgaon Jamod Police Station Crime No. 48/2011 registered for offence punishable under Sections 376, 342, 506 read with Section 34 of the Indian Penal Code and Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has filed this application for bail. The respondent has filed reply resisting the application. The allegation against the present applicant is of forcibly dragging the prosecutrix in her house thereby aiding her son in the commission of alleged rape. It is seen that the charge-sheet has already been filed. The applicant herself belongs to scheduled tribe and hence the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act would not be applicable to her. The applicant is aged woman of 65 years. No 2 purpose would be served by detaining her in Magisterial custody. In almost all the replies filed by the State, a ground that the applicant may tamper with the prosecution evidence is taken and if the same is believed, then no person would be entitled to bail. In my view, there is no force at least in the present case in respect of the said objection. In the interest of justice, therefore, the applicant deserves bail. In the result, the application is allowed. The applicant shall be released on bail in Crime No. 48/2011 under Sections 376, 342, 506 read with Section 34 of the Indian Penal Code and Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 upon execution of personal recognition bond of Rs. 15,000/- (Rs. Fifteen thousand only) with one solvent surety in the like amount under the following conditions:- (i) She shall not in any manner try to contact prosecutrix or other witnesses in the matter and pressurise them. (ii) The applicant shall not leave India without previous permission of the Court. JUDGE Ambulkar.