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2020 Supreme(Ori) 74

S.K.PANIGRAHI
Panchanan Padhi – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Jitendrasamantaray, Advocate, S.G. Das & R C Baral, Advocate, Priyabrata Tripathy, Advocate
Cases Referred
Apex Court in Vishal Jeet vs. Union of India (UOI) and Ors, (1990) 3 SCC 318
Bachpan Bachao and Ors. vs. Union of India, (UOI) and Ors., (2010) Supp5 ILR(Del) 376
Bachpan Bachao Andolan vs. Union of India (UOI) and Ors, (2011) 5 SCC 1
Sahyog Mahila Mandal and Ors. vs. State of Gujarat and Ors, (2004) 2 GLH 236: (2004) 2 GLR 1764
Tara Das vs. State of Tripura, (2009) 1 Crimes(HC) 745
Vishaka and Ors. vs. State of Rajasthan and Ors, (1997) 6 SCC 241

Judgement Key Points

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 (!) (!) (!) .

What is the scope of offences covered under the Immoral Traffic (Prevention) Act and Indian Penal Code in this trafficking case?

How to determine eligibility for bail in human trafficking cases under Section 439 of the Code of Criminal Procedure?

What are the key facts that establish the guilt or innocence of the accused in a human trafficking prosecution?


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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