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An Application For Bail Under … vs In Re:- Sefali Roy on 19 April, 2017

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16
19.04.2017

sm
Allowed
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

And

In Re:- Sefali Roy .. Petitioner.

Ms.Sreyashee Biswas … for the petitioner

Mr.Binay Panda
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

before.

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.

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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.
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(Ashim Kumar Roy, J.)

(Asha Arora, J.)

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