Advocates:
['M/S DIPTIRANJAN MOHAPATRA', '', 'R K SUTAR', 'D SAMANTARAY']

BLAPL No.3545 of 2016

5. 07.11.2016 Heard learned counsel for the petitioner and t

he learned State Counsel on the application under section 439 Cr.P.C. for release of the petit

ioner on bail who allegedly involved with the offence under Section 376(2)(i)(n) of the IPC re

ad with Section 6 of POCSO Act.

Learned counsel for the petitioner submits that there was love affair

between the petitioner and the victim girl and during their relationship, the victim was conce

ived. He further submits that in the meantime charge sheet has been submitted for which lenien

t view may be taken to release the petitioner on bail on any condition as deemed just and prop

er. Learned Addl. Standing Counsel opposes the prayer for bail and states that during the rela

tionship of the victim and the petitioner, the victim gave birth to a female baby and now that

baby has expired.

Considering the submissions of learned counsel for the respective parti

es, regard being had to the facts and circumstances of the case including the fact that there

was love affair between the victim and the petitioner and the victim girl, being