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Allahabad High Court
Brijesh Bhartiya vs State Of U.P. on 9 August, 2010
Court No. - 51

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2329 of 2010

Petitioner :- Brijesh Bhartiya
Respondent :- State Of U.P.
Petitioner Counsel :- Rajiv Gupta,Raj Karan Patel
Respondent Counsel :- Govt Advocate

Hon'ble Arvind Kumar Tripathi,J.

Heard learned counsel for the applicant and learned A.G.A. for the
State and perused the record.

Learned counsel for the applicant contended that false allegation
was made against the applicant as well as co-accused. According
to prosecution case, the girl was taken by the applicant. She was
kept in a room for two days. However, the door remain open. Age
of the girl was in between 16 to 18 years. No mark of any injury
was found on body of the prosecutrix. Hence, even if the
prosecution case is admitted, it appears that she was consenting
party. Prayer of co-accused Gyan Chand has already been allowed
by this Court in Criminal Misc. Bail Application No. 29883 of
2009 on 04.2.2010. However, the applicant is in jail since
13.7.2009.

In this view of the matter, without expressing any opinion on
merits of the case, let the applicant namely, Brijesh Bhartiya be
released on bail in Case Crime No. 290 of 2009, under sections
323, 504, 506, 376, 342 I.P.C., P.S. Ghoorpur, District Allahabad
on his furnishing a personal bond with two sureties each in the like
amount to the satisfaction of the Court concerned.

Order Date :- 9.8.2010
S.A.A.Rizvi


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