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Judgment
Sashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
The petitioner is in custody since 16.06.2022 in connection with Khariar P.S. Case No. 184 of 2023 corresponding to S.A. No. 24 of 2022 pending in the court of learned Addl. District & Sessions Judge, Nuapada for the alleged commission of offence under Sections 363/366/376(2)(N)/376(3) of IPC read with Section 6 of POCSO Act.
It is alleged that the petitioner kidnapped the minor daughter of the informant and subjected her to sexual abuse.
Learned State Counsel has produced the case diary while learned counsel for the petitioner has produced the copies of depositions of the witnesses examined so far in the ongoing trial. The victim has been examined as P.W.4. After perusing her testimony, it appears that she had voluntarily left home with the petitioner as there is no prima facie evidence of any force being applied by him.
Taking into consideration all the above facts including the period of detention of the petitioner in custody, I am inclined to allow the prayer for bail.
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.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
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