Beli Bibi v. State Of West Bengal

08.10.2020 Sl. No.9 akd [ALLOWED] C. R. M. 7664 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Samsherganj Police Station Case No. 127 of dated 30.05.2019 under Sections 344/366A/363/376/370A/120B/511/372/373 of the Indian Penal Code read with Sections 3/4/5/6/7(1A) of the Immoral Traffic (Prevention) Act and Section 23 of the Juvenile Justice (Care & Protection) Act and Sections 4/6 of the POCSO Act. (POCSO Case No.29 of 2019) And In Re: Beli Bibi ... ... Petitioner Mr. Mrityunjoy Chatterjee .. Advocate ... ... for the petitioner Mr. Swapan Banerjee .. Advocate Mrs. Purnima Ghosh .. Advocate ... ... for the State It is submitted on behalf of the petitioner that she is in custody for about 220 days. It is further submitted that co-accused namely, Litu Sk. @ Alamgir has been enlarged on bail.

Learned advocate appearing for the State opposes the prayer for bail and submits that the petitioner was involved in trafficking women for sexual exploitation.

Having considered the materials on record and keeping in mind the facts and circumstances of the case and as co-accused namely, Litu Sk. @ Alamgir, who stands on the same footing with the petitioner, has been enlarged on bail, we are inclined to extend the same privilege to the petitioner also.

Therefore, the accused/petitioner, namely Beli Bibi, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the POCSO Act, Jangipur, Murshidabad subject to condition that

the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event she fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court. The application for bail, thus, stands allowed. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Aniruddha Roy, J.) (Joymalya Bagchi, J.)