SAJID HUSAIN MOHD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of present applications, the applicants are seeking anticipatory bail, in connection with Crime No. 160/2007, registered with Kranti Chowk Police Station, Aurangabad, for the offence punishable under Sections 376, 342 read with Section 34 of the Indian Penal Code, and under Section 5 of the Prevention of Immoral Traffic Act.

(2.) Heard Shri B. R. Warma, Mrs. S. S. Jadhav, Shri N. S. Ghanekar, Shri A. N. Nagargoje, Shri B. S. Deshmukh, Shri Joydeep Chatterjee, Shri H. T. Joshi, learned counsel, for the applicants and Shri N. B. Khandare, learned Public Prosecutor, for the respondent/ State.

(3.) It is submitted on behalf of the learned counsel for the applicants that initially in the FIR, which has been lodged by the prosecutrix on 22nd April, 2007, the names of the present applicants, do not appear. It is submitted that only in her supplementary statement and so also in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973, before the learned Magistrate, the names of the present applicants, for the first time, have been implicated by her on 25th April, 2007. It is submitted that taking the prosecution case to be true in entirety, still no case is made out, so as to prima facie book the applicants for the offence punishable under Section 376 of the Indian Penal Code. It is further submitted that the liberty granted by this court vide order dated 11th June, 2007, has not been misused by the applicants and the applicants have been regularly attending the Investigating Officer and cooperating with the Investigating Agency.