Kamala Barui v. State Of West Bengal

13.09.2022 Sl. No.10 akd [ALLOWED] C. R. M. (DB) 2738 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 27.07.2022 in connection with Swarupnagar Police Station Case No. 723 of 2022 dated 21.07.2022 under Sections 14A(b)/14C of the Foreigners Act and Section 12 of the Passport Act. (G.R. Case No.3099 of 2022) And In Re: Kamala Barui ... Petitioner Mr. Kallol Kumar Basu Md. Jannat-ul-Firdous ... for the petitioner Mr. Bidyut Kumar Roy Ms. Sima Biswas ... for the State Report is placed on record. It appears from the report Voter's Identity card relied upon by the petitioner is genuine. Under such circumstance and bearing in mind the nature of allegation, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Kamala Barui, 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, North 24-Parganas subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event she fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel her bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)