Md Forkan Gazi v. State Of West Bengal

19.06.2025 Item No.19 Ct.No.34 rc.

C.R.M. (DB) 1096 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, in connection with Swarupnagar Police Station Case No. 419 of 2024 dated 06.08.2024 under Sections 14A of the Foreigners Act, 1946 read with Section 12 of the Passports Act, 1967. And In Re :

Md. Forkan Gazi ... Petitioner Mr. Ali Ahsan Alamgir Ms. Rabia Khatoon Ms. Soma Mal Ms. Sima Modak ... for the Petitioner Mr. Rana Mukherjee Mr. Nirupam Dhali ....for the State Report submitted by the State is taken on record. Heard learned counsels for the parties.

It is not in dispute that the petitioner is a Bangladeshi national. The report reveals that he entered India with a valid passport and visa and overstayed in the country even after expiry of his visa. The report indicates that exit permit was issued in his favour on several occasions but the petitioner failed to avail of the same.

This Court is informed that charge sheet has been submitted and six witnesses shall be examined by the prosecution.

Considering the material on record, particularly the possibility of the petitioner fleeing from justice if granted bail at this stage, prayer for bail is rejected at this stage. The learned trial Court is directed to expedite the trial without granting any unnecessary adjournment to either of the parties.

The bail application is disposed of.

Case Diary is returned.

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

(Suvra Ghosh, J.)