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BALLOO versus STATE OF U.P.

High Court of Judicature at Allahabad

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Balloo v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 19593 of 2005 [2005] RD-AH 6031 (21 November 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. S.S. KULSHRESTHA, J.

Heard the learned counsel for the accused applicant and the learned A.G.A.  and  also perused  the materials on record.

This bail application has been brought by the accused applicant Sri  Babloo alleged to be involved in case crime No.381 of 2005 under sections 376, 506 I.P.C.  and 3(1)(12) SC/St Act  police station  Jakhora, district  Lalitpur.  Victim  woman was raped by  two persons. In her statement, prosecutrix  has also categorically asserted  that one lady  Smt. Kamlesh Khangar   persuaded  to come along with her to her house  where  accused applicant and other accomplice  Ashok   were also  present. They  both, one by one,  committed rape upon the victim. However, it is said that   the victim subsequently stated  that  she was taken  to another house and there also rape was committed upon her. It is further said that the place where virtually  both the accused person have committed rape is also not   agreeing with her earlier version. Suffice is to mention that  whatever  discrepancies  have been referred, are not material.  The victim woman  persisted  in saying that she was taken by Smt. Kamlesh Khangar and there at the house both persons named above were present. She was dragged inside  the house and was   raped.   It is also said that  the parties are also  litigating  and a civil suit  is pending. Victim  has been given compensation by the State Government. That compensation amount would not absolve the applicant from the  criminal liability. It is not a fit case  for bail. In the result  this bail application is rejected.

21-11-2005

skv19593-05  


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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