SANJAY LAKRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Chandiposh P.S. Case No. 64 of 2023 corresponding to G.R. Case No. 671 of 2023 pending in the court of the learned S.D.J.M., Bonaigarh where chargesheet dtd. 25/11/2023 has been submitted against the petitioner under Ss. 294 and 376(1) of IPC.

(2.) The prosecution allegation in brief against the petitioner is that the victim had gone to her cousin sister"s house in a nearby village. On 27/9/2023 at around 12 P.M., she was returning with her boy friend to her village. On the way as the road was rocky, the scooty could not negotiate the road for which her boy friend dropped her there and she was walking to her village. At that time the present petitioner allegedly followed her on his motor cycle. Though she started running, he detained her and pulled her to the jungle and raped her and thereafter took away her clothes for which she covered herself with a napkin and reached her house around 4.30 P.M. F.I.R. has been lodged on the next date i.e. 28/9/2023.

(3.) The prayer for bail of the petitioner has been rejected vide order dtd. 26/12/2023 by the learned Additional Sessions Judge, Bonai in Bail Application No. 79 of 2023.