S.K.PANIGRAHI
Panchanan Padhi – Appellant
Versus
State Of Odisha – Respondent
Key Points: - The accused was charged under Sections 4/5 of the Immoral Traffic (Prevention) Act, 1956 read with Sections 370(3), 467, 471, 120B and 34 of the Indian Penal Code (!) (!) . - The court granted bail to the accused on grounds of parity with other co-accused, while directing stringent terms and conditions (!) (!) . - Police conducted a raid based on reliable information, rescued six girls, and seized incriminating articles including mobile phones, condoms, and Aadhaar cards (!) (!) (!) . - The victims stated they were forcibly sent to hotels and lodges for sexual exploitation and prostitution by the accused and their associates (!) . - The court noted the dehumanizing nature of trafficking and emphasized the need for stringent action against such crimes (!) (!) . - The accused was alleged to have worked in collaboration with Ibrahim Khan and Ruksar Begum in procuring and exploiting victims (!) (!) . - The court clarified that observations in the bail order should not influence the fair trial before the trial court (!) . - Previous bail orders were noted for co-accused persons in related cases (!) . - The trafficking case involved organized crime syndicates operating across states with links to Kolkata (!) (!) (!) . - The legal framework includes international treaties and domestic laws aimed at combating human trafficking (!) (!) (!) .
JUDGMENT
S.K. Panigrahi, J. - The instant case has once again given an opportunity to this Court to ponder, as to how the opportunistic predators seize upon the vulnerability of some desperate and impoverished girls. The accused herein is allegedly notorious for his aplomb in identifying girls and capitalizing their distress condition but caught red-handed by police. The Petitioner herein has preferred the instant application under Section 439 of the Code of Criminal Procedure vide BLAPL No. 2612 of 2020 against the C.T. Case No. 379 of 2020 pending before the court of the Learned SDJM Bhubaneswar (T), CSI, Bhubaneswar for alleged offences punishable under Sections 4/5 of the Immoral Trafficking (Prevention) Act, 1956 read with Section 370 (3)/ 467/ 471/ 120B and 34 of the Indian Penal Code. The court of the Addl. Sessions Judge, Bhubaneswar has rejected the application seeking grant of bail vide B.A No. 260 of 2019 filed by the Petitioner herein u/s 439 Cr. PC on 4.3.2020.
2. The factual matrix of the instant case as set out in the F.I.R. is that on 21.01.2020 at around 10:00 AM Shri Alok Kumar Jena, Inspector of Police, STF/informant received information from a reliable source tha
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