Calcutta High CourtCRM/6007/2021disposed

Kabir Mohammad Safik Vyapary@Kabir Mohammad@Kabir Husain@Kabir Hossain v. State Of West Bengal

2021-12-14Hon'Ble Justice Tirthankar Ghosh2 pages

14.12. 2021 item No.8 n.b.

ct. no. 34 (Via video conference) C.R.M 6007 of 2021 In Re: An application for bail under Section 439(2) of the Code of Criminal Procedure, 1973 And In the matter of : Kabir Mohammad Safik Vyapary @ Kabir Mohammad @ Kaabir Husain @ Kabir Hossain .... Petitioner.

Ms. Jeenia Kundra, Ms. Sahili Dey .....For the Petitioner Mr. P.K. Datta, Mr. Santanu Deb Roy, ....For the State.

Report submitted by the Investigating Officer be kept with the record.

According to the report, supplementary charge-sheet has been filed before the jurisdictional Court. In the supplementary chare-sheet it has been contended that the allegation under Section 14 of the Foreigners Act could not be established against the present petitioner, but the offences have been reflected under Section 188 of the Indian Penal Code and Section 12 of the P.P. Act. Having regard to the aforesaid fact, this Court is of the opinion that further detention of the petitioner is unwarranted as he is already in custody for 164 days.

Accordingly, the prayer of bail is allowed.

The petitioner, namely, Kabir Mohammad Safik Vyapary @ Kabir Mohammad @ Kaabir Husain @ Kabir Hossain shall furnish a 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 Additional Chief Judicial Magistrate, Basirhat, North 24 Pargans.

If the petitioner is released on bail, he shall meet with the Officer-in-charge Swarupnagar Police Station once in a week until further orders and shall not leave the jurisdiction of Swarupnagar Police Station except for the purpose of attending the court. C.R.M. 6007 of 2021 is disposed of.

The Investigating Officer of the case is present in court, his further appearace before this court stands dispensed with. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities. ( Tirthankar Ghosh, J.)