Bangari Sai Mohan @ Sai Mohan v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction Appellate Side 15-07-2022 Subha Item no.20 Bail rejected CRM (SB) 140 of 2022 Bangari Sai Mohan @ Sai Mohan -vsThe State of West Bengal In Re: An application for bail under Section 439 Cr.P.C in connection with Swarupnagar P.S. Case No.458 of 2022 dated 08.05.2022 under section 14 of Foreigners Act, 1946.

Mr. Ali Ahsan Alamgir Mr. Atarul Haque Ms. Riya Das Ms. Rabia Khatoon ...for the petitioner.

Mr. Narayan Prasad Agarwala Mrs. Subhasree Patel ... for the State.

Learned advocate for the petitioner submits that the petitioner is a minor and does not possess any EPIC Card. However, his Aadhar Card and birth certificate issued by the concerned authorities were sent for verification.

Mr. Agarwala, learned advocate appears on behalf of the State and submits a report. The report reflects that so far as the birth certificate is concerned, the concerned authority has written no entry in 2008. Accordingly, I am of the opinion that the minor must be given protection of a child in conflict with law and appropriate beneficial legislation may be extended to him.

This court asked the learned advocate for the petitioner in case the EPIC Card of the parents could be submitted before this court, which on instruction the learned advocate could not satisfactorily reply.

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As such, the prayer for bail of the present petitioner is rejected at this stage.

Accordingly, the application for bail being CRM(SB) 140 of 2022 is dismissed.

The report of the PSI, Swarupnagar P.S, Basirhat PD submitted through the learned advocate appearing for the State be kept with the record.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities. [Tirthankar Ghosh, J]