Abdul Rahaman v. State Of West Bengal
01.07.2026 Court No.35.
D/L. 11 & 12.
Kausik (Allowed) CRM (M) 2673 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Chitpur G.R.P.S. Case No. 22 of 2023 dated 4.11.2023 under Sections 419/420/465/471/34/120B of the Indian Penal Code, read with Section 14A(a)(b) of the Foreigners Act and Section 12(1A)(a) of the Indian Passport Act.
And In the matter of : Wahid Khan ......Petitioner.
With CRM (M) 243 of 2026 In the matter of : Abdul Rahaman ......Petitioner.
Mr. Milon Mukherjee, Sr. Adv.
Mr. Biswajit Manna ......for the Petitioner (in CRM (M) 2673 of 2025). Mr. Abhijit Ganguly Mr. Avirup Mitra ....for the Petitioner (in CRM(M) 243 of 2026). Mr. Gourangya Kr. Das Mr. Sunil Gupta ......for the State.
Mr. Mukherjee, learned Senior Advocate appearing for the petitioner, Wahid Khan in CRM (M) 2673 of 2025 and Mr. Ganguly, learned advocate appearing for the petitioner, Abdul Rahaman in CRM (M) 243 of 2026 submits that the petitioners are in custody since 04.11.2023 which is about 2 years and 8 months.
Earlier direction was passed to the Deputy
Commissioner of Police in-charge of Chitpur GRPS Police Station to communicate with the Ministry of External Affairs, Government of India.
Today two electronic mail has been submitted before this Court that the said Office has communicated. However, there has been no response from the concerned Ministry. Records reflect that the accusations against the petitioners are that they are not only foreign nationals but they tried to manufacture documents after obtaining passport. The charges are under Section 419/420/465/471/34/120B of the Indian Penal Code and Section 14A(a)/(b) of the Foreigners Act and Section 12 (1A)(a) of the Indian Passport Act. Petitioners have already served more than one third of the sentence in respect of the prescribed punishment under the aforesaid sections. Having considered the same, I am inclined to release the petitioners on bail.
Accordingly, prayer for bail of the petitioners is allowed. Accordingly, petitioners, namely (1) Wahid Khan and
(2) Abdul Rahaman, shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each, one of whom must be local to the satisfaction of Learned Additional District & Sessions Judge, 2nd Court, Sealdah.
If on bail, petitioners shall not leave the jurisdiction of KMDA and shall meet with the Officer-in-Charge of Chitpur
GRPS Police Station once in a week till the evidence before the Trial Court is over.
With the aforesaid observations CRM (M) 2673 of 2025 and CRM (M) 243 of 2026 is allowed.
Documents submitted by the learned advocate for the State be kept with the record.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)