Afsar Momin v. State Of West Bengal

05.07.2023 tkm/ct 28 C.R.M. (DB) 2665 of 2023 sl no. 146 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Baishnabnagar P.S case no. 249 of 2023 dated 20.4.2023 under sections 465/468/471 of the IPC and sections 14A(b)/14C of the Foreigners Act and Allowed In Re : Afsar Momin ... petitioner Md. Wasim Akram Ms. R Khaun ...... for the petitioner Mr. N Ahmed Ms. Amita Gaur ...... for the State Heard learned lawyers for the parties.

We have considered the materials on record. Petitioner is an Indian citizen. Allegation against him is that he harboured foreign national.

Keeping in mind the extent of complicity of the petitioner in the crime, we are inclined to grant bail to the petitioner. Accordingly, the petitioner be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the learned CJM, Malda on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application being CRM (DB) 2665 of 2023 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)