(1) CRI.APP. 4328.2010+1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4328 OF 2010 Rasool Layak Saab, Age : 21 years, Occu.: Education, R/o Atkali, Tq. Biloli, District-Nanded .. Applicant VERSUS The State of Maharashtra, Through its Incharge-Officer, Police Station, Ramtirth, Tq. Biloli, Dist.-Nanded (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay, Bench at Aurangabad) .. Respondent AND CRIMINAL APPLICATION NO. 4700 OF 2010 Shaikh Layak S/o Shaikh Noor Mohammad, Age : 59 years, Occu.: Pensioner, R/o Atkali, Tal. Biloli, District - Nanded .. Applicant VERSUS The State of Maharashtra, through its Incharge-Officer, Police Station, Ramtirth, Tq. Biloli, Dist.-Nanded (Copy to be served on Public Prosecutor, High Court of Judicature of Bombay, Bench at Aurangabad) .. Respondent --- Mr. P.R. Katneshwarkar, Advocate for the Applicants Mr. N.H. Borade, APP for the respondent-State --- (2) CRI.APP. 4328.2010+1 CORAM : V.R. KINGAONKAR, J. DATED : 25TH NOVEMBER, 2010 ORAL ORDER:- 1. These are Applications for bail. 2. The applicants are son and father inter-se. They have filed two separate Applications. They have been arrested in connection with crime no. 75 of 2010 registered at Ramtirth Police Station. The prosecutrix gave complaint application dated 13.9.2010 alleging that since about a year before the complaint she was being sexually abused by the applicants. She alleged that the applicant Shaikh Layak employed her as agricultural servant and used to obtain sexual pleasure from her. So also, the applicant Shaikh Rasool used to exploit her sexually by making false representation of marrying her and sometimes under threat. She became pregnant due to the sexual relationship with them. They did not however keep the promise of marrying her and as such she lodged the complaint. 3. Hearing heard learned Advocate for the applicants and learned A.P.P. and on perusal of the (3) CRI.APP. 4328.2010+1 investigation papers, it appears that the complainant used to attend the work as agricultural labour in the agricultural land of the applicant Shaikh Layak. It also appears that she has been estranged by her husband. The fact that she became pregnant is prima facie corroborate by the medical evidence. The question is whether she was forced to keep sexual relations with either of the applicants? The F.I.R. does not show that she agreed to allow sexual relations with either of the applicants on account of false representation. There is no prima facie specific evidence to show that she was duped to keep such sexual relations with either of the applicants. It is worthy to be noticed that the prosecutrix is a married woman and was ousted from the matrimonial home because her husband and his family members came to know about her relations with applicant Rasool, who used to visit their house at village Mujalga. This fact is stated in the F.I.R. itself and is rather relevant for the present purpose. Obviously, there is no prima facie evidence to infer that she was not a consenting party to the sexual intercourse and was forced or gave consent due to any dissension. (4) CRI.APP. 4328.2010+1 4. Considering the foregoing reasons, the Application will have to be allowed and the applicants may be set at liberty on certain conditions in order to ensure fair sessions trial. The Applications are therefore allowed. The applicants are directed to be released on bail on furnishing bail bonds in sum of Rs.25,000/- (Rs. Twenty Five Thousand) each with one solvent surety bond each in the like sum to the satisfaction of the Court of Sessions, and on further condition that they shall not enter village Atkali (Tq. Biloli) during pendency of the Sessions case and shall furnish an undertaking to such effect before the Sessions Court, while furnishing the bail bonds. Sd/- [V. R. KINGAONKAR, J.] arp