High Court of Judicature at Allahabad
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Balloo v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 19593 of 2005  RD-AH 6031 (21 November 2005)
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.
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