Alamin Sekh v. State Of West Bengal

July 18, 2025 12 ARDR (Allowed) CRM (R) 88 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, filed in connection with Swarupnagar Police Station Case No. 744 of 2024 dated 26/11/2024 under Sections 233/318(2)/336(2)/336(3)/340(2) of the BNS and Sections 14A(b) of the Foreigners Act and Section 12 of the Passport Act.

And In Re :

Alamin Sekh ... Petitioner.

Adv. Shatadru Lahiri, Adv. Saikat Debnath, ... for the petitioner.

Adv. Shiladitya Banerjee, Adv. Ayana Dey, ... for the State.

The petitioner is in custody for more than two hundred days and prays for bail.

Learned counsel for the State opposes the prayer. Allegation against the petitioner is that he is a Bangladeshi national and has crossed the border to India illegally. It appears from the charge sheet that the documents produced by the petitioner in support of his Indian citizenship were verified by the investigating agency and found to be genuine. Charge sheet has been submitted.

Considering the material on record, I am of the view that further detention of the petitioner is not required and he may be granted bail subject to stringent conditions to secure his appearance before the learned trial Court.

Accordingly, the prayer for bail is allowed.

The petitioner namely Alamin Sekh 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 Additional Chief Judicial Magistrate, Basirhat subject to the condition that he shall remain within the jurisdiction of Basirhat Sub-Division and shall furnish the address where he shall presently reside before the learned trial Court, Investigating officer and the Officer in charge of the police station under whose jurisdiction he shall henceforth reside. He shall appear before the learned trial Court on every date of hearing and 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 as stated above, the learned trial Court shall be at liberty to cancel his 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.)