DEEPAN NAIK Vs. STATE OF ODISHA

JUDGEMENT

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

(2.) 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 Ss. 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.

(3.) 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.