High Court of Judicature at Allahabad
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Malkhan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20573 of 2005  RD-AH 7124 (3 April 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Malkhan involved in case Crime No. 121 of 2005 under sections 342/366/376 I.P.C., Police station Fatehganj ( East), district Bareilly.
Heard Sri Abhay Raj Singh, learned counsel for the applicant and the learned AGA and have perused the record.
The prosecution version as contained in the first information report which was lodged by the victim is that about a month before the informant (victim) was taken away by the applicant and co-accused to village Jallapur and was subjected to rape by co-accused. In the first information report there is no allegation of rape against the applicant. The first information report was lodged on 15.2.2005.The victim for the first time in her statement recorded under section 161 Cr.P.C. on 29.6.2005 made allegation of commission of rape on her by the applicant. In view of these facts and circumstances, I consider it to be a fit case for grant of bail.
Let the applicant Malkhan, involved in case Crime No. 121 of 2005 under sections 342/366/376 I.P.C., Police station Fatehganj (East), district Bareilly, be enlarged on bail on his furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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