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2007 Supreme(All) 2283

M.K.MITTAL
HARISH ALIAS DANY – Appellant
Versus
STATE OF U P – Respondent


Advocates:
O.P.MISHRA,

M. K. MITTAL, J.

Applicant Harish @ Dany son of Shri Dharam Pal Giri has prayed for release on bail in case crime No. 238 of 2007, under sections 363, 366, 376 IPC, P. S. Hapur Nagar, District Ghaziabad.

Supplementary affidavit filed by learned Counsel for the applicant be taken on record.

Heard learned Counsel for the parties and perused the material on record.

2. Learned Counsel for the applicant has contended that prosecutrix was more than 18 years at the time of alleged incident and was consenting party and had gone with the accused out of her own free will. Medical report shows that her age was 19 years.

3. In the circumstances, applicant be released on bail on his furnishing a per sonal bond and two sureties each in the like amount to the satisfaction of the Court con cerned.

4. He shall also give an undertaking that he will not indulge in any criminal or anti-social activity and will not give any threat to the witnesses and the complainant and if any adverse report is found it shall be enquired into and report shall be made to this Court so that his bail may be cancelled.

Application Allowed.


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