Jayanti Mondal v. State Of West Bengal

07.06.2022 Item No.04 Suman Ct.42 (Via Video Conference) CRM (SB) 88 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hingalganj Police Station Case No.44 of 2022 dated 13.03.2022 under Sections 14/14C of the Foreigners Act corresponding to G.R. Case No.907 of 2022. And In the matter of: Jayanti Mondal Vs.

The State of West Bengal Mr. Amal Kumar Datta ...for the petitioner Md. Anwar Hossain Ms. Benajir Hasna ...for the State The petitioner was booked for committing offence under Sections 14/14C of the Foreigners Act in connection with Hingalganj Police Station Case No.44 of 2022. A series of documents were filed by the petitioner to prove that she is a citizen of India. The copies of the said documents were sent to the Investigating Officer for inquiry and report. The Investigating Officer submitted his report stating, inter alia, that the Sub-Divisional Officer, Baruipur Sub-Division has certified that the domicile certificate

of the petitioner is genuine. The birth certificate of the baby of the petitioner is also genuine. He also collected the report from the M.L.A. and other People's representatives who unequivocally reported that the petitioner is the citizen of village Abhaynagar, Post Office - Chuprijhara under Kultali Assembly Constituency.

Under such circumstances, I am inclined to release the petitioner on bail. The petitioner shall be enlarged on bail of Rs.10,000/- with one surety of like amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Basirhat with further direction that she will not leave the jurisdiction of her residence under Kultali Police Station till disposal of the case except on the date of trial of the case in the Court of the learned Magistrate at Basirhat.

The report be kept with the record.

The instant application is, thus, disposed of. (Bibek Chaudhuri, J.)