Justice Anjan Moni Kalita granted bail to the doctor nearly 20 days after her husband and co-accused got the same in the case by a coordinate bench of the high court.
His husband and the family's domestic help were arrested in Guwahati on May 6, 2023, while his psychiatrist wife, who is frequently seen in local TV channels' talk shows on mental health, was caught the next day while attempting to flee the city.
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The police had slapped various sections of the IPC along with the Protection of Children from Sexual Offences Act, 2012, against the doctor couple and their maid.
The wife’s counsel, NJ Dutta, submitted to the court that various provisions of the law at the time of arrest were not followed by the police when taking his client into custody, as reported by the news agency PTI.
He also claimed that his client has been incarcerated for a long time and expressed doubt that the trial will progress at a ‘reasonable speed’.
Dutta pointed out that the FIR in the case was lodged on May 5, 2023. A charge sheet was filed on July 7 of the same year. Charges were framed on June 24, 2024. As of the filing of the bail application, only 15 witnesses out of a total of 74 had been examined.
Citing previous judicial pronouncements discouraging long incarceration of an accused facing trial, the counsel argued that the court should take into consideration that the doctor's husband and co-accused had been granted bail by a co-ordinate bench in the same case on October 28.
“…this Court is of the considered opinion that a case has been made out by the accused applicant for her release on bail,” the judgment said, reports PTI.
“Accordingly, it is directed that the accused applicant shall be released on bail in connection with Sessions Case No. 112/2023, on furnishing a bail bond of ₹1,00,000 only, with two local sureties of the like amount, to the satisfaction of the learned Trial Court,” it added.
The court also set certain conditions for the doctor's bail, including surrendering her passport, Aadhaar and PAN cards before the trial court, cooperating with the trial process and not misusing her liberty by indulging in any activity that may hamper or tamper with the progress of the case.
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