Uttam Paria @ Uttam Kumar Paria v. The State Of West Bengal

C.R.M. (A) 1637 of 2024 10.05.2024 DL-5 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Swarupnagar Police Station Case No.539 of 2022 dated 26.05.2022 under Sections 14/14A of Foreigners Act, 1946, pending before the Learned A.D.J., Fast Track-I, Basirhat, North 24-Parganas. (G.R. Case No.2218 of 2022) And In the matter of: Uttam Paria @ Uttam Kumar Paria ....petitioner Mr. Sujan Chatterjee Mr. Sekhar Barman Mr. Rohan Bavishi ...for the petitioner.

Mr. Kunal Ganguly ... for the State.

1. A supplementary charge sheet was submitted in the present police case against the petitioner, inter alia, under Sections 13 of the Foreigners Act and 120B of the Indian Penal Code, 1860.

2. Learned Advocate appearing for the State refers to the materials in the case diary. He submits that, pursuant to the order passed by the High Court, CID took over investigations.

During such investigations, the involvement of the petitioner transpired and that too from statements recorded under Section 164 of the Code of Criminal Procedure and statement of the wife of the petitioner.

3. The issue as to whether, the petitioner was engaged in harbouring foreigners, may be decided at the trial.

4. Investigations are over.

5. Need for placing the petitioner in custody at this stage is not felt.

6. Consequently, we grant anticipatory bail to the petitioner. Signed By :

ABHIJIT DAS High Court of Calcutta 11 th of May 2024 03:45:46 AM

7. 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 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.

8. The prayer for anticipatory bail of the petitioner is allowed.

9. C.R.M. (A) 1637 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 11 th of May 2024 03:45:46 AM