Deepan Naik vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is the second bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with S.T. Case No.174 of 2023 arising out of Sundargarh Sadar P.S. Case No.02 of 2023 pending in the file of learned Sessions Judge, Sundargarh, being charge-sheeted for commission of offences punishable under Sections 366/376-D of IPC, on the allegation of kidnapping the victim and committing gang rape upon her along with co-accused persons.

The petitioner has already filed a memo through his counsel that no bail application is pending before any of the forum including this Court.

In the course of hearing of bail application, learned counsel for the petitioner by referring the statement of two witnesses namely Mina Tajan and Benu Tajan submits that the petitioner has absolutely no role in the commission of crime, rather the petitioner has been falsely implicated in this case merely because of his presence at the place, where the victim and co-accused were found. It is further submitted by him that the victim was aged about 50 years and she has made omnibus allegation against the petitioner and the petitioner having already detained in custody for near about one year, may kindly be granted bail. It is further submitted that although the case of the petitioner has been committed to the Court of Sessions, but trial is yet to commence.

On the other hand, Mr. K.K. Gaya, learned ASC submits that not only the victim has stated against the petitioner, but also the witnesses referred to by the learned counsel for the petitioner have stated against the petitioner for committing the offence upon the victim in their statement U/S.164 Cr.P.C., which is strengthened by medical evidence and, therefore, the petitioner should not be granted bail.

After having considered the rival submissions and taking into consideration the nature and gravity of accusation raised against the petitioner and on going through the materials placed on record and regard being had to the allegation appearing against the petitioner in the statement of the victim, this Court is not inclined to grant bail to the present petitioner, especially when the trial is yet to commence.

Hence, the bail application of the petitioner stands rejected.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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