:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.896 OF 2008 IN CRIMINAL APPEAL NO.725 OF 2008 Mohammad Raji Gulam Abid. ..Applicant. Vs. The State of Maharashtra and anr. ..Respondents. Mrs.A.A. Agarwal for the Applicant. Mr. A.S. Shitole, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 6th August,2008. P.C. P.C. P.C. 1. Heard both sides. 2. This is an application for bail. The applicant has been convicted for an offence under Section 376(G) and 366 read with 34 of the I.P.C. It is seen that as far as rape is concerned, even according to the prosecutrix the same acts were never committed by the co accused who was cleaner of the truck. The present applicant was in the truck but even according to the prosecutrix he has never laid his hands upon her. The evidence further indicates that the driver was armed with knife. It is possible that in such circumstances, the applicant may have frightened. There is no allegation against the applicant who was cleaner of the truck. He has never threatened the prosecutrix. :2: In such circumstances, the conviction imposed by the Trial court requires serious reconsideration.The applicant was on bail pending trial and there is no history of abuse of bail. In the circumstances, I am inclined to grant bail to the applicant. It is therefore, directed that pending hearing and final disposal of the appeal, the applicant may be released on bail in the sum of Rs.10,000/- with one surety in the like amount subject to condition that he shall report to the Tembhurni Police Station once in a month on every first Monday between 10.a.m. to 5.p.m. till the disposal of the appeal. Application is disposed off. (R. S. MOHITE, J.)