ANIL SUNDHI Vs. STATE OF ODISHA

JUDGEMENT

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

(2.) This is an application U/S.439 of Cr.P.C. by the petitioners for grant of bail in connection with Talcher P.S. Case No. 902 of 2022 corresponding to C.T.(S) Case No. 44 of 2023 pending in the file of learned Addl. Sessions Judge, Talcher for commission of offences punishable under Sec. 376(1)/376-D/506 of IPC read with Sec. 66(d)/67 of I.T. Act on the main allegation of committing Gang Rape upon the victim along with co-accused persons and capturing some inappropriate photographs of the victim at the time of occurrence to get it viraled.

(3.) In the course of hearing of the bail application, Mr. S.S.Satapathy, learned counsel for the petitioners submits that although there is allegation against the petitioners for committing sexual offence against the victim, but the victim had refused to undergo medical examination and there is absolutely no allegation against the petitioners for capturing inappropriate photographs of the victim and getting it viraled. It is further submitted that one of the co-accused namely, Sarasingh Digi has been granted bail, but he could not clarify which Court and in which bail application, the said accused was granted bail. It is, however, pointed out by the learned counsel for the petitioners from the record in C.T. Case No. 44 of 2023 that co-accused Sarasingh Digi is on bail. On the above submissions, learned counsel for the petitioners prays to grant bail.