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Judgment
Sashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.
The petitioner is in custody since 09.09.2021 in connection with Sunabeda P.S. Case No. 149 of 2021 corresponding to C.T. Case No. 64 of 2022 pending in the Court of learned Addl. Sessions Judge, Koraput for the alleged commission of offence under Sections 376-D of IPC.
The prosecution allegation is that the petitioner being related to the victim as uncle in village courtesy lured her to Koraput on the pretext of meeting her husband, who was in jail. He also took some money from her and after arranging a meeting with her husband, he took her back to the village on her motorcycle but on the way the petitioner facilitated the co-accused Prakash Hantal to commit rape on her. In so far as petitioner is concerned, the victim has not made any allegation of sexual assault against her either in her statement recorded under Section 164 of Cr.P.C. or in her deposition before the Court, copy of which is available on record. The main allegation appears to be directed against co-accused Prakash Hantal and Saroj Khosla. The role of the petitioner is that of a facilitator.
Under such circumstances, I am inclined to take a lenient view. Let the petitioner be released on bail on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of the posting of the case without seeking representation.
BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
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