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Judgment
Savitri Ratho, J
Heard Mr. D.R. Bhokta, learned counsel for the petitioner and Mr. S.K. Mishra, learned Addl. Standing Counsel for the State.
This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Dasamantpur P.S. Case No.34 of 2023 corresponding to G.R. Case No. 34 of 2023 pending in the Court of the learned J.M.F.C., Dasamantpur registered for commission of offence punishable under Sections 457, 376(1), 323, 506 of IPC.
The petitioners had moved an application for bail before the Court of learned Addl. Sessions Judge, Koraput which was rejected on 25.07.2023.
The allegation against the petitioner is that while the victim and her family members were sleeping and her husband was absent, accused entered into the house by breaking the sheet and committed rape on her. When she and her daughter raised hullah, he fled away and on 24.03.2023, a meeting was convened, but the matter could not be settled and on the same day, the petitioner assaulted the son, daughter and brother of the informant.
Considering the nature of allegations against the petitioner, I am not inclined to release the petitioner on bail at this stage.
Hence the prayer for bail is rejected granting liberty to move the learned trial Court for bail afresh after examination of the victim lady.
Urgent certified copy of this order be granted on proper application.
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