RAKESH BEHERA 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 petitioner for grant of bail in connection with Mahanga P.S. Case No. 200 of 2021 corresponding to Special G.R. Case No. 115 of 2021 pending in the file of learned Addl. District Judge-cum-Special Court under POCSO Act, Cuttack for commission of offence punishable under Ss. 342, 376(2), 376(D), 354(C), 506 of the IPC read with Sec. 4 of POCSO Act and U/Ss. 66E/67A of IT Act on the allegation of committing gang rape and aggravated penetrative sexual assault upon the victim by confining her in a room and secretly video graphing the incident and subsequently getting the video footage viral.

(3.) In the course of hearing of the bail application, Mr. P.S.Das, learned counsel for the petitioner submits that the victim has already been examined in this case, but there appears no sincere evidence to find the guilt of the accused for commission of Gang Rape against the petitioner and the petitioner having detained in custody for near about two years may kindly be granted bail.