Samir Sikder And ORS. v. State Of West Bengal

25.03.2026 Serial no. 16 [G.S.D] CRM (R) 28 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Swarup Nagar Police Station Case No. 751 of 2024 dated 30.11.2024 u/s 14A(b)/14(C) of the Foreigners Act, 12 P.P. Act (GR Case No. 5308 of 2024).

-AndIn the matter of : Samir Sikder & Ors.

... Petitioner(s) Mr. Saswata Gopal Mukherjee, Sr Adv.

Mr. Pabitra Biswas ... for the Petitioner(s) Mr. Bidyut Kumar Ray, Sr Adv.

Mr. Kunal Ganguly ... for the State-respondent(s) Learned advocate for the petitioners submits that the petitioners are in custody since 30th November, 2024 and charge-sheet has been submitted in connection with this case in January, 2025.

State has submitted a report which reflects that warrant of arrest has been issued against the other accused persons who are not traceable, as such, after submission of charge-sheet, there has been no progress in the case. Having considered the time period which has lapsed in the meantime as also the fact that the punishment prescribed under the law is maximum up to a period of eight years, I am inclined to release the petitioners on bail, who are in custody for about 16 months.

Hence, the prayer for bail of the petitioners is Allowed.

Accordingly, the petitioner viz, Samir Sikder, Sipon Bala, Dip Barai and Raj Biswas shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only) each, with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the Learned ACJM, Basirhat. However, it is reiterated that the local surety in this case would be of a person who will submit a title deed of his/her property before the learned ACJM, Basirhat. The petitioners shall also inform place of their residence where they would be available and shall meet with the officer deputed by the Officer-in-charge of Swarup Nagar Police Station once in a week till further orders of this Court. Accordingly, CRM(R) 28 of 2026 is allowed.

Pending application(s), if any, is also disposed of. Report submitted by the State be kept with the record.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)