1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION (BA) NO. 100/2011 ( Sushil @ Sushim @ Balya Dayasagar Wankhede .vs. State of Maharashtra through PSO PS Deoli, Dist. Wardha. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. R.M. Patwardhan, Advocate for Applicant. Mr. J.B. Jaiswal, APP for Respondent. .......... CORAM : P.D. KODE, J. DATED : MARCH 10, 2011 Heard. Perusal of the charge sheet submitted by Deoli Police Station as a result of investigation of Crime No. 213/2010 for offences under Sections 363, 366-A, 376 read with 34 of IPC and Section 3 (1)(xii) and 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 prima facie supports the submission of the learned counsel for the applicant i.e. one of the charge sheeted accused ; that (i) victim and the applicant are of the same castes and the charge sheet not containing any other material even for prima facie coming to the conclusion of the offences alleged being committed due to the victim being of a particular caste invoking provisions of Atrocities Act highly debatable; (ii) there is absence of material of the 2 applicant having forcibly taken the victim girl along with him on 11.9.2010 and contrary the material in the charge sheet prima facie gives impression that she had readily eloped along with him on motorcycle from Bhidi to Yavatmal; (iii) there is absence of any cogent material regarding the victim on the alleged date of offence was below age of 16 years as the statement of none of the witnesses including victim reveals her birth date and the entire prosecution material regarding relevant aspect is confined to the matters stated in the bona fide certificate obtained from the Secondary School which amongst other reveals that the date mentioned therein has been entered on the basis of the School Leaving Certificate of the earlier school; (iv) though applicant is charge sheeted for commission of offence of rape, even the victim has not alleged commission of such an act on part of applicant for a long period of 14 days, on the backdrop of that during her statement recorded earlier on 16.9.2010 she had attributed such a role only to co- accused Raju Ingole. Having regard to such character of prosecution material against the applicant, though the prayer is vehemently opposed by the learned APP, the same will deserves consideration having regard to the fact that the charge sheet is already filed in the matter and the apprehension expressed by the prosecution regarding tampering of an evidence can be taken care of by imposing suitable conditions. The applicant is directed to be released on bail in connection with said crime upon furnishing P.R. Bond in the sum of Rs.25,000/- with one surety in like amount subject to the conditions that applicant - 3 (i) after his release on bail, shall not stay within the local limits of Bhidi village and shall intimate his place of abode to the investigating officer and shall not change same without permission of trial Court and shall also attend the Deoli Police Station on every Monday until further orders; (ii) shall not indulge in any activity of tampering prosecution evidence and/or indulge in any activity hampering the progress of the trial, (iii) shall not commit any offence while on bail. The application stands disposed of. JUDGE halwai