Punia @ Sukura Sing vs State Of Odisha

Savitri Ratho, J

This application under Section 439 of the Cr.P.C. has been filed in connection with Bampada Industrial Area P.S. Case No.151 of 2023 corresponding to C.T. Case No.499 of 2023, pending in the Court of the learned J.M.F.C. (City), Balasore where chargesheet has been submitted against the petitioner on 30.11.2023 against the petitioners for commission of offence punishable under Section 376 (D) of IPC.

The prayer for bail of the petitioner No.1-Punia @ Sukura Sing has been rejected on 07.11.2023 by the learned Sessions Judge, Balasore in Bail Application No.1179 of 2023 and the prayer for bail of petitioner No.2- Kalia @ Ajit Kumar Mahalik has been rejected on 26.09.2023 by the learned Sessions Judge, Balasore on 26.09.2023 in Bail Application No.1023 of 2023.

Mr.Jayanta Kumar Majhi, learned counsel for the petitioner appearing from the Virtual High Court at Balasore submits that the petitioners are in custody since 01.09.2023 and false allegations have been made against them. He further submits that since investigation has been completed, the petitioner may be released on bail.

Mr.S.S.Mohapatra, learned Addl. Standing Counsel opposes the prayer for bail stating that the allegations against the petitioners are heinous in nature as it has been alleged that when the victim was returning from shop of petitioner No.1, the petitioners followed her and commited rape on her one after the other and then threw after committing gang rape her in the verandah of a cowshed in the village and left the spot.

Considering the nature of allegations against the petitioners, I am not inclined to release the petitioners on bail at this stage.

The BLAPL is accordingly dismissed.

It is open for the petitioners to move for bail afresh after examination of the victim in the trial.

Urgent certified copy of this order be granted on proper application.

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