Noor Islam v. State Of West Bengal

10.

19.07.2024 Court No.6 (Tanmoy) Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 1406 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973, in connection with Basirhat Police Station Case No. 871 of 2023 dated 20.12.2023 under Section 14A(b) of the Foreigners Act, 1946 read with Section 12 of the Passports Act, 1967.

And In the matter of: - Noor Islam ...petitioner.

Mr. Ivan Roy, Adv.

...for the petitioner.

Mrs. Sreyashi Biswas, Adv., Ms. Nahid Ahmed, Adv.

...for the State.

Report filed by the State as per direction of this Bench passed on June 26, 2024, be kept with the records. From the report it appears that the petitioner's voter's identity card (EPIC) is authentic. The petitioner is an Indian national.

In that view of the matter, we are inclined to allow the petitioner's prayer for bail.

Accordingly, we direct that the petitioner, namely, Noor Islam, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Basirhat, North Signed By :

TANMOY GHOSH High Court of Calcutta 19 th of July 2024 05:32:51 PM

24-Parganas, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court. The application for bail being CRM (DB) 1406 of 2024 is accordingly disposed of.

Criminal Section is directed to supply urgent photostat certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 19 th of July 2024 05:32:51 PM