Heena And ANR v. State Of West Bengal

C.R.M. (DB) 414 of 2022 18.04.2022 Sl. 85 Court No.29 sourav (Rejected) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Hili Police Station Case No.

of dated 26.08.2021 under Sections 188/353/370/34 of the Indian Penal Code read with Section 3 of the Prevention of Damage to Public Property Act, 1984 and Sections 14A(b)/14C of the Foreigners Act, 1946.

And In the matter of: Heena & Anr.

....petitioners.

Mr. Sohanlal Adak Ms. Taniya Mondal ...for the petitioners.

Mr. Saibal Bapuli Mr. Bibaswan Bhattacharya ...for the State.

Petitioners pray for bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated.

Learned advocate appearing for the State submits that the fact as to whether the petitioners are foreign nationals or not are yet to be conclusively established.

The proceedings are, inter alia, under the Foreigners Act, 1946.

The claim of the petitioners that they are Indian citizens are yet to be established conclusively.

In such circumstances, we are unable to grant bail to the petitioners at this stage.

Accordingly, the prayer for bail of the petitioners is rejected. C.R.M. (DB) 414 of 2022 is dismissed.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)