Sk. Md. Sakil v. State Of West Bengal And ANR
28.04.2026 Serial no. 88 [G.S.D] CRM (M) 602 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Nadial Police Station Case No. 124 of 2018 dated 15.07.2018 u/s 376D of the IPC and Section 6 of the POCSO Act. -AndIn the matter of : Sk. Md. Sakil ... Petitioner(s) Mr. Deepak Prahladka Ms. Reshmi Khatun ... for the Petitioner(s) Mr. Anupam Das Adhikary Mr. S. S., Saha ... for the State-respondent(s) Ms. Afreen Begum ... for the defacto-complainant Learned advocate for the petitioner submits that the petitioner was arrested on 15th July, 2018, as such, is in custody for seven years nine months. It is also submitted that only two witnesses till date have been examined.
Learned advocates for the State and the defactocomplainant opposes the prayer for bail. It has been submitted that DNA of the present petitioner has matched with the child who has born subsequent to the offence committed at the behest of the present petitioner. The prosecution intends to examine 13 charge-sheeted witnesses in support of its case but only two witnesses have been examined.
Having considered the period of detention of the present petitioner and the fact that there is no possibility of the trial being concluded in the near future, I am inclined to enlarge the petitioner on bail.
Hence, the prayer for bail of the petitioner is Allowed.
Accordingly, the petitioner viz, Sk. Md. Sakil shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the Learned Additional Sessions Judge, 2nd Court-cum- learned Special Court (under POCSO Act), Alipore, South 24 Parganas).
If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court and shall not leave the district of South 24 Parganas without prior intimation to the learned Special Court.
Additionally, the petitioner shall inform his address to the concerned Inspector-in-charge within whose jurisdiction he would reside and meet with such Officer once in a month till further orders of this court.
Accordingly, CRM (M) 602 of 2026 is allowed.
Report submitted be kept with the record.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)