MANTU Vs. STATE OF ODISHA

JUDGEMENT

(1.) This application under Sec. 439 of Cr.P.C. has been filed in connection with Jamda P.S. Case No. 87 of 2023 corresponding to C.T. Case No. 130 of 2023 pending in the court of the learned P.O., Special Court under POCSO Act, Mayurbhanja, Baripada where chargesheet dtd. 26/12/2023 has been submitted against the petitioner and the main accused Madhusudan Bage for commission of offences punishable under Ss. 341, 323, 376-DA, 376 (2) (n) and 34 of IPC read with Sec. 6 of the POCSO Act.

(2.) The prayer for bail of the petitioner has been rejected vide order dtd. 3/1/2024 by the learned Presiding Officer, Special Court under POCSO Act, Mayurbhanja, Baripada.

(3.) The prosecution allegation in brief is that on 26/10/2023, when the victim and her friend were returning from their house after attending the call of nature, the main accused Madhusudan Bage and the present petitioner came on a scooty and while the present petitioner took the friend of the victim from the spot, the main accused Madhusudan Bage lifted the victim behind a bush and committed rape on her. As he had torn her clothes, she returned in a naked condition to her home.