Tarikul Biswas @ Torikul Biswas @ Tariqul Biswas v. State Of West Bengal

09.07.2021 Ct.35 AKG CRM 4527 of 2021 (Through Video Conference) In Re: - An application under Section 439 of the Code of Criminal Procedure, 1973.

And In the matter of: Tarikul Biswas @ Torikul Biswas @ Tariqul Biswas .... Petitioner Mr. Safdar Azam ...For the Petitioner Mr. Rana Mukherjee, Ms. Sujata Das, Ms. Debjani Sahoo ...For the State This is an application for bail under Section 14 of the Foreigners Act, 1946. Learned advocate for the petitioner strongly suggests that the petitioner has a birth certificate indicating his citizenship of India. In addition to that, reliance has been placed on the voter identity card issued by the Election Commission of India, AADHAR Card, PAN Card and Ration Card.

Mr. Rana Mukherjee, learned advocate, appearing for the State submits that the petitioner is a foreign national and upon verification, it has been found that the Aadhaar Card in question does not belong to the petitioner. The submission of learned advocate for the State has been strongly objected to by the learned advocate for the petitioner. Be that as it may, as it appears that a prayer has been made before the learned Magistrate in the court below for verification of the documents upon which the petitioner sought to rely in support of his citizenship. This application for bail is not entertained at this stage.

The learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas, is directed to dispose of the said application for the verification of the documents within a period of one month from date.

Accordingly, the application being CRM 4527 of 2021 is rejected.

(Kausik Chanda, J.)