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Judgment
Sashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is in custody since 16.04.2024 in connection with Baidyanathpur P.S. Case No. 215 of 2024 corresponding to G.R. Case No. 952 of 2024 pending before the Court of learned S.D.J.M., Berhampur for the alleged commission of the offence under Sections 370/370-A/34 of IPC.
The prosecution case is that the victim, who is a minor girl, was forced into prostitution by one Badal, in whose house she was residing. Further, she was forced to have physical relationship with nearly 12 persons including the petitioner. The petitioner’s name does not find place in the FIR nor in the statement of the victim recorded under Sections 161 of Cr.P.C. The petitioner appears to have been implicated on the statement of the co-accused.
Considering the nature of accusations, the materials on record and in particular the absence of any acceptable evidence to show the complicity of the petitioner, I am inclined to allow the prayer for bail.
Let the petitioner be released on bail on such terms and conditions as the court below may deem fit and proper to impose including the following conditions:-
i. He shall appear before the IIC of Baidyanathpur Police Station on every Sunday at 10 A.M. till submission of charge sheet and such fact shall be certified by the IIC to the concerned Court once a month.
iv. He shall appear before the court below on each date of posting of the case without fail.
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
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