CRM No.3188 of 2017
In the matter of an application for bail under Section 439 of the
Code of Criminal Procedure filed on 12.04.2017 in connection with
Bagnan Police Station Case No.316 of 2010 dated 24.08.2010
under sections 498A/364 of the Indian Penal Code
In Re:- Sefali Roy .. Petitioner.
Ms.Sreyashee Biswas … for the petitioner
Mr.Subhan Kanti Bhaket … for the State.
Heard the learned advocates appearing on behalf of the
parties. Perused the case diary.
The petitioner is in custody for about 770 days.
Although the case has been committed, but till date, no date
for taking up of the matter for consideration of the question of charge
has been fixed and out of six (6) charge-sheeted accuseds,
admittedly, five (5) are on bail.
It is true that the petitioner’s prayer for bail was earlier
rejected on five (5) occasions by different co-ordinate Benches of
this court and lastly, on October 24, 2016, nearly six (6) months
Opposing the prayer for bail, the learned advocate for the
State draws our attention to the statement of the victim-lady recorded
under section 164 CrPC.
Now, going through the same, we find that she is a married
lady and she was regularly subjected to torture, both physically and
mentally at her matrimonial home, because of her failure to satisfy
the illegal demand of her inlaws and her father-in-law with the help of
the other members of the family sold her out to this petitioner, who
happens to be a brothel-keeper.
Having regard to the fact that the father-in-law and the other
family members sold her out to a brothel-keeper, are on bail and
considering the petitioner’s length of detention in custody and also
the stage of the trial and when no case is made out from the side of
the State that if the petitioner is released on bail, she is likely to
abscond, her prayer for bail stands allowed.
Let the petitioner be released on bail to the satisfaction of the
learned Chief Judicial Magistrate at Howrah upon furnishing a Bond
of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom
must be local and on further condition that after release, she shall
remain outside the jurisdiction of the concerned police station and
shall report to the Officer-in-Charge of the concerned police station in
whose territorial limit, she shall stay, thrice in a week between 12
noon to 2 p.m. until further order.
Accordingly, this application for bail is disposed of.
(Ashim Kumar Roy, J.)
(Asha Arora, J.)