Mariyam @ Md Maryam Abdul Rashid Shaikh v. State Of West Bengal
August 29, 2025 10 ARDR (Allowed) CRM (M) 757 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Habibpur Police Station Case No. 81 of 2025 dated 24/2/2025 under Sections 14A(b)/14(b) of the Foreigners Act.
And In Re :
Mariyam @ Md. Maryam Abdul Rashid Shaikh ... Petitioner.
Adv. Minoti Gomes, Adv. Kazi M. Rahman ... for the petitioner.
Adv. Anwar Hossain, Adv. Amanul Islam, ... for the State.
Report submitted by the State is taken on record. The petitioner is in custody for 186 days and prays for bail. Learned counsel for the State opposes the prayer. It appears from the report that the documents filed by the petitioner have been verified by the authority. The petitioner is a lady. Prosecution proposes to examine seven witnesses. Whether the documents relied upon by the petitioner suffice the claim of the petitioner to be an Indian national shall be assessed at the appropriate stage of the proceeding. Since the trial is yet to commence, the petitioner may be granted bail subject to stringent conditions.
Accordingly the prayer for bail is allowed.
The petitioner namely Mariyam @ Md. Maryam Abdul Rashid Shaikh be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Malda subject to the condition that she shall
remain within the jurisdiction of the learned trial Court and shall furnish the address where she shall henceforth reside before the learned trial Court, Investigating officer and the officer in charge of the concerned police station under whose jurisdiction she shall presently reside. The petitioner shall appear before the learned trial Court on every date of hearing. She shall provide her mobile phone number to the abovementioned authorities and shall not change the same without intimating them. She shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions stated above without any justifiable cause,, the learned trial Court shall be at liberty to cancel her bail in accordance with law without further reference to this Court.
The application for bail is disposed of.
Case Diary be returned.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)