1 appa 859 of 2011 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.859 OF 2011 IN CRIMINAL APPEAL NO.499 OF 2011. Babuli @ Babulal Sibu Sahu .. Applicant. -versus The State of Maharashtra .. Respondent. Mr. Prashant Gurav, for the Applicant. Mr. Rajesh More, APP for the Respondent State. CORAM: R.C. CHAVAN, J. DATED: 3rd August, 2011 P.C. 1. This is an application for bail by a person convicted in gang rape alongwith two others. He was denied bail through out the trial. After conviction he has filed this application. Applicant was present in the flat where the prosecutrix was taken by Sachin. Bail Application of co- accused Jeewan has been allowed by order dated 26th July, 2011. 2. The prosecutrix was born of Muslim parents. She was, however, residing at Sneh Sadan Charitable Institution, run by a Christian Missionary. One Maruti was residing at Sneh Sadan. The prosecutrix fell in love with Maruti. Presumably after she attained age of 18 years, she left with Maruti and started residing in a premises taken on rent by 2 appa 859 of 2011 Maruti. Though no marriage ceremony was performed, Maruti and prosecutrix were residing as husband and wife. 1. One of the accused Sachin, was known to the prosecutrix as she claims to have attended his marriage. On 15.5.2009, Sachin is alleged to have met the prosecutrix and told him that it was his friend's birth day and she should accompany Sachin and Sachin would introduce her to his friends. The friend whose birthday was to be celebrated is the present applicant Jeevan. 2. The prosecutrix then left with Sachin at 6.00 p.m. Applicant Jeevan also joined then. They went in an auto rickshaw. On the way applicant-Jeevan stopped by a liquor shop and purchased three bottles of beer. The prosecutrix went with Sachin and Jeevan to a a tenement at Eco Park where third accused Babulal was present. No female inmate or any other person was present in the premises. Babulal is alleged to have persuaded the victim to consume beer. Though she was reluctant and though she was not forced, she did consume beer. Then she claims to have felt giddy and states that all the three victims committed rape upon her one after the other. She then states that after the incident, she and Jeevan went back and then after her partner Maruti returned, report was given to the police on the next day. The Medical officer significantly observed that the victim was habituated to sexual intercourse. Reports of Forensic Science 3 appa 859 of 2011 Laboratory discloses semen stains on three items. But results of blood grouping are inconclusive. In the context of these facts, the applicant seeks enlargement on bail pending hearing of his appeal. Since he is in jail for two years. 3. No further comment is necessary. Since the appeal is unlikely to be heard in near future, the applicant be released on bail on his furnishing PR bond in the sum of Rs. 20,000/- with one or more solvent sureties in the aggregate sum of Rs.20,000/-, pending hearing of this appeal. The applicant shall attend the police station concerned on first Sunday of every month between 10.00 a.m. to 1.00 p.m. till the hearing of the appeal. 3. The Application stands disposed of. (R. C. CHAVAN, J.)