Shyam Vitthal Nimbale v. the State of Maharashtra

 FARAD CONTINUATION SHEET NO.
 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE SIDE
CRIMINAL APPLICATION NO.1566 OF 2006
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 Office Notes, Office
 Memoranda of Coram, Court’s or Judge’s orders
 appearances, Court’s orders
 or directions and
 Registrar’s orders
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 Mr.Vikas Shivarkar for the
 applicant.
 Mr.R.Y.Mirza APP for the State.

Coram : R.S.Mohite,J
 Date : 13.6.2006.
 PC
 1. This is an application for
 grant of bail. The applicant is
 shown as an accused in
 C.R.No.702/2005 registered by
 Kothrud police station, Pune for
 offences punishable under
 Sections 341, 342,
 366(A),376(G), 506 r/w 34 of
 IPC. FIR is lodged at the
 instance of Sarika Sudam Bhagat
 who claims to be aged 15 years.
 The incident of rape took place
 on the night of 20.11.2005. In
 her complaint, she contended
 that she was taken on the motor
 cycle by force by a boy namely
 Sunil who was known to her and

 : 2 :

 his friend, whose name she later
 discovered to be Kisan because
 Sunil addressed him. They took
 her to a lonely spot on the
 motor cycle and both committed
 rape on her. Later on she has
 taken to another premises and
 she was raped by them as well as
 2 others of which one of the
 person was named Bhagwan. In
 the identification parade she
 identified the present accused
 as the person whom she has seen
 at the time of the incident. My
 attention was drawn to the fact
 that after recording of the FIR
 on 21.11.2005, another statement

 of prosecutrix was recorded on

 21.11.2005 in which she stated

 that 5 persons had raped her.
 Police have shown 5 persons as