Samrat Ali Molla And ANR v. State Of West Bengal And ANR

16.05.2023 cm/ct 28 C.R.M.(DB) No. 1941 of 2023 sl no. 44 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Minakhan P.S Case No. 81 of 2022 dated 07.04.2022 under Sections 6 and 8 of protection of Children from Sexual Offences Act, 2012, read with Sections 328/307/376DA/506/120B of the Indian Penal Code. And Rejected In Re : Samrat Ali Molla & Anr.

..... petitioners Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. June Modak ...... for the petitioners Mr. Swapan Banerjee Ms. Purnima Ghosh ...... for the State Learned lawyer for the petitioners submit victim and her relatives had turned hostile. Co-accused are on bail. He prays for bail.

Learned lawyer for the State submits DNA examination shows semen recovered from the wearing apparels of the victim matched with the petitioner.

We have considered that materials on record. Allegations involve gang rape of a minor. Though the minor and the parents have not supported the case forensic evidence implicates the petitioner. They do not stand on the same footing with the coaccused i.e. Samim Molla whose DNA profile did not match with the semen recovered from the wearing apparels of the victim. Under such circumstances and in view of the gravity of offence, we are not inclined to grant bail to the petitioners.

Trial court is directed to expedite the trial and conclude the same as expeditiously as possible without granting unnecessary adjournment to either of the parties.

The application being CRM(DB) No. 1941 of 2023 is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)