Samrul Swk @ Sabirul Sk v. State Of West Bengal

17.09.2021 Sl. No.63 BM (Through Video Conference) CRM 5325 of 2021 In re : An Application for bail under Section 439 of the Code of Criminal Procedure filed on 09.08.2021 in connection with Malda Police Station Case No. 425 of 2020 dated 11.08.2020 under Sections 6 of the Protection of Children from Sexual Offences Act, 2012.

-andIn the matter of : Samrul Sk @ Sabirul Sk

...Petitioner

Mr. Musharraf alam Sk., ... ... For the Petitioner Mr. Sukanya Bhattacharya, Mr. Md. Kutubuddin ... ... For the State Petitioner seeks bail.

Learned advocate appearing for the petitioner submits that the Police are yet to receive DNA test report to establish paternity of the child.

Learned advocate appearing for the State draws attention of the court to the statement recorded under Section 164 of the Code of Criminal Procedure of the victim girl. He submits that Police are awaiting the DNA test report.

Considering the facts and circumstances and considering the statement recorded under Section 164 of the Code of Criminal Procedure and considering the fact that DNA test report is yet to be received, we are unable to grant bail to the petitioner at this stage.

The application for bail is, accordingly, CRM 5325 of 2021 is dismissed.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)