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Calcutta High CourtCRM (A)/1593/2023allowed

Osidul Mondal @ Nengti @ Rasidul Mondal v. State Of West Bengal

2023-05-03Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1593 of 2023 03.05.2023 Sl.2 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhimpur Police Station Case No.493 of 2022 dated 13.12.2022 under Sections 14(A)(b)/14C of the Foreigners Act.

And In the matter of: Osidul Mondal @ Nengti @ Rasidul Mondal ....petitioner.

Mr. Sumanta Das ... for the petitioner.

Mr. Pravas Bhattacharya Mr. Mirza Firoj Ahmed Begg ...for the State.

Report as called for by the order dated April 17, 2023 filed in Court be taken on record.

Such report states that on verification the police are of the view that the petitioner is an Indian citizen. The proceedings are under the Foreigners Act. In view of the stand taken by the police in the report dated May 2, 2023, we deem it appropriate to enlarge the petitioner on anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer as and when called for till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the

jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 1593 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)