Samir Sikder And ORS. v. State Of West Bengal

16.02.2026 Court No.35.

D/L. 18.

Kausik CRM (R) 21 of 2026 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 Swarup Nagar Police Station Case No. 751 of 2024 dated 30.11.2024 under Sections 14A(b)/14(C) of Foreigners Act.

And In the matter of : Samir Sikder & Ors.

......Petitioners.

Mr. D. Deb Mr. Pabitra Biswas ......for the Petitioners.

Mr. Aniket Mitra Ms. Manchan Ray ......for the State.

Learned advocate for the petitioner submits that petitioner is in custody for about 444 days and charge sheet has already been submitted by the jurisdictional Court. Learned advocate for the petitioner relies upon the notification of the Central Government and claims that similarly placed accused persons have been granted bail in CRM(R) 164 of 2025.

Learned advocate for the State submits that none of the documents have been handed over to the State. Learned advocate for the State opposes the prayer for bail.

Having considered the notification of the Ministry of Home Affairs and observations made in CRM(R) 164 of 2025 I direct the petitioner to canvass the issue before the learned Trial Court or the learned Magistrate in seisin of the case. Learned Magistrate would consider the prayer for bail in consonance with the directions passed in CRM(R) 164 of 2025. With the aforesaid observations CRM(R) 21 of 2026 is disposed of.

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.)