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Judgment
14 paragraphs · 237 wordsB. P. Routray, J
This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.376-AB/506, I.P.C.
Heard Mr.S. Dwibedi, learned counsel for the Petitioner as well as Miss S. Mishra, learned A.S.C. for the State-Opposite Party.
It is submitted by learned counsel for the Petitioner that he is inside custody since 5.6.2019 and in the meantime the victim as well as her parents
have been examined in course of trial as P.Ws.3, 2 and 1 respectively. By referring to certified copies of their depositions, it is submitted that they all
have turned hostile and did not say anything against the Petitioner. Even the victim and her mother have denied to identify the accused-Petitioner
before the court.
After hearing learned A.S.C. for the State-Opposite Party and considering the statements of P.Ws.1, 2 and 3 made in their depositions before the
court, it is directed to release the Petitioner on bail in connection with Khaira P.S. Case No.101/2019 corresponding to Special Case No.157/2019 on
such terms and conditions to be fixed by the learned Special Judge, Balasore as he deems just and proper including the condition that the Petitioner
shall not be involved in any other offence while on bail and shall attend the trial court on each date fixed.
BLAPL is accordingly disposed of.
An urgent certified copy of this order be issued as per rules.
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