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Judgment
Savitri Ratho, J
This application under Section 439 of the Cr.P.C. has been filed in connection with Puri Sadar P.S. Case No. 151 of 2023 corresponding to G.R. Case No. 327 of 2023 pending in the Court of the learned Gramya Nyayalaya Nyayadhikari, Puri under Sections 450, 294, 376, 354(A), 506 of IPC.
The prosecution allegations in brief against the petitioner are that when the victim lady aged about 62 years was sleeping in her house, the petitioner entered the house and outraged her modesty and committed rape on her.
Mr. S.N. Mishra, learned counsel for the petitioner submits that the petitioner is an old man aged about 75 years and is suffering from Polio and false allegations have been made against him on account of a previous dispute.
Mr. D.K. Mishra, learned Additional Government Advocate opposes the prayer for bail and draws my attention to the statement of the victim recorded under Sections 161 and 164 of Cr.P.C.
I have also perused the injury report which indicates that the victim lady has sustained injury on her thighs.
Considering the nature of allegations made against the petitioner, I am not inclined to release the petitioner at this stage and dismiss the bail application granting liberty to the petitioner to move for bail afresh after examination of the victim lady.
Urgent certified copy of this order be granted on proper application.
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