1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.1081 of 2007 In Criminal Appeal No.876 of 2007 1. Ashish Bajirao Nikam 2. Abhijit Murlidhar Gurav Applicants Vs. State of Maharashtra & anr. Respondents Mr.R.S.Kate for applicants. Mr.S.R.Shinde, APP for State. CORAM: B.H.MARLAPALLE, J. September 24, 2007. P.C. . Heard Mr.Kate, the learned counsel for the applicants and Mr.Shinde, the learned APP appears for the State. Perused the depositions of the prosecutrix - PW 12 whose date of birth as recorded in the school record is 24/6/1989 and the incident had taken place on 15/1/2007 was about the alleged misbehaviour of accused no.1. Having regards to the evidence of the prosecutrix, the applicants deserve to be released on bail and more particularly the alleged incidents of rape had taken place about one year prior to the date of the complaint or may be more because when the complaint was filed the prosecutrix was studying in 11th standard and the incidents of rape pertained to the period when she 2 was in 9th standard. It is also noted that during the trial the accused were on bail. . Hence the application is allowed and it is directed that the applicants shall be released on bail, unless required in some other case, on the same terms as before the trial Court, but on furnishing fresh bonds. (B.H.MARL