ULLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

(2.) This is an application U/S. 439 of Cr.P.C. by the petitioner for grant of bail in connection with Motanga P.S. Case No.176 of 2021 corresponding to G.R. Case No. 1024 of 2021 pending in the Court of learned S.D.J.M., Dhenkanal for commission of offences punishable under Ss. 376(2)(n) of I.P.C. on the allegation of committing rape upon the victim and thereby getting her pregnant.

(3.) In the course of hearing of the bail application, learned counsel for the petitioner submits that on the date of FIR on 1/9/2021 the victim states her to be pregnant five months but she delivered a male child on 28/9/2021 which by itself belies the prosecution case in as much as no female can give birth to a child within a span of 27 days. Learned counsel for the petitioner under aforesaid submissions prays to enlarge the petitioner on bail.