Abdul Gani @ Shimul vs State Of Tripura

Heard Mr. KN Bhattacharjee, learned senior counsel assisted by Mr. P. Saha, learned counsel appearing for the petitioner as well as Mr. Ratan Datta, learned PP appearing for the State-respondent.

As per order dated 01.10.2020, the accused-petitioner has appeared before this court.

This is an application filed under section 438 of the Code of Criminal Procedure, 1973 for granting anticipatory bail to the accused petitioner in connection with Belonia Women police station case no. 06 of 2020 registered under Sections 376(2)(l)/506 of the Indian Penal Code and under Section 6 of the POCSO Act.

The allegation against the accused-petitioner is that he has raped a minor girl aged about 14 years and the minor girl has delivered a child.

In this situation, the court had given the petitioner ample opportunity to settle up the matter amicably but, he has failed to do so.

I have interacted virtually with the accused-petitioner and during such interaction, the petitioner has submitted that he has been falsely implicated with this case.

As such, I am not inclined to release the accused-petitioner on anticipatory bail.

Since, the accused, Abdul Gani @ Shimal has pleaded that he is innocent, I am of the view, that DNA test of the accused shall be conducted.

Accordingly, the Investigating Officer is directed to undertake DNA test to determine the paternity of the child to substantiate the claim of the victim that the accused, Abdul Gani @ Shimal is the father of the child.

With the aforesaid, the instant bail application stands rejected and thus disposed of.

The petitioner is at liberty to file a fresh application in accordance with law.

The personal appearance of the petitioner is dispensed with.