Anupam Mondal v. State Of West Bengal

05.04.2023 Item No.1 Ct.No.34 dc.

Rejected C.R.M. (SB) 65 of 2023 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Swarupnagar Police Station Case No. 539 of 2022 dated 26.05.2022 (G.R. No.2218/2022) under Section 14 of the Foreigners Act, 1946. And In Re :

Anupam Mondal ... Petitioner.

Mr. Avinaba Patra, Mr. Dipayan Kundu, Mr. Partha Sarathi Das ... For the Petitioner.

Mr. Arijit Ganguly, Mr. Koushik Kundu ... For the State.

Petitioner submits that there are change of circumstances as the petitioner earlier could not submit the original Epic Card as he has been able to obtain the original Epic Card and other related documents subsequently. The documents, which have been produced by the petitioner, were not produced before the learned Magistrate who is in seisin of the matter.

Mr. Kundu, learned advocate appearing for the State opposes the prayer for bail and submits that the photostat copy of the electoral identity card which has been enclosed seems to be of 12.11.2022.

The petitioner is in custody since 26.05.2022. The learned Magistrate would conduct an enquiry, call for the issuing authority as to how the Epic Card was obtained and

if required, transfer the case to the CID, West Bengal for investigation for finding out that any authority or any person is involved in surreptitiously obtaining the Epic Card. The prayer for bail of the petitioner is rejected. The application for bail, being CRM (SB) 65 of 2023, is, thus, dismissed.

All parties shall act on the server copy of this order duly 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.)