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Calcutta High CourtCRM (SB)/69/2022allowed

Gaji Palash @ Palash Gaji v. State Of West Bengal

2022-05-20Hon'Ble Justice Bibek Chaudhuri2 pages

20.05.2022 Sl. No. 04 Srimanta Ct.No. 42 CRM (SB)/69/2022 In Re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Gaighata Police Station Case No.1222/2021 dated 27.12.2021 under Section 14 of the Foreigners Act, 1946.

In the matter of : Gaji Palash alias Palash Gaji. ...petitioner.

Mr. Susnigdho Bhattacharyya, Adv.

...for the petitioner.

Ms. Anasuya Sinha, Adv., Mr. Pinak Kr Mitra, Adv.

...for the State.

The petitioner is detained in custody in connection with Gaighata Police Station Case No.1222 of 2021 dated 27.12.2021 under Section 14 of the Foreigners Act. The petitioner produced certain documents, viz, the EPIC card, Aadhar Card, Driving Licence in the name of the petitioner etc. in order to prove that he is a citizen of Ahmedabad, Gujarat. The said documents were sent to the Investigating Officer for verification. The learned Public Prosecutor-inCharge has filed the report submitted by the Officer-inCharge of Gaighata Police Station stating, inter alia, that the documents filed by the petitioner is genuine. Therefore, the case has been able to prove prima facie that he is a Indian citizen.

Accordingly, the petitioner is enlarged on bail of Rs.10,000/- with one surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Bongaon on further condition that he shall attend the trial of the case

in the Trial Court on each and every date, failing which the instant order of bail shall be cancelled without further reference to this Court.

( Bibek Chaudhuri, J. )