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Calcutta High CourtCRM(M)/1417/2025dismissed

Ranu Khatun v. State Of West Bengal

2025-12-01Hon'Ble Justice Tirthankar Ghosh2 pages

01.12.2025 Court No.35.

M/L. 84.

Kausik (Rejected) CRM (M) 1417 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Hemnagar Coastal Police Station Case No. 54 of 2024 dated 11.10.2024 under Section 14A(b) of the Foreigners Act and under Section 12 of the Passport Act;

And In the matter of : Ranu Khatun ......Petitioner.

Mr. Palash Bapari ......for the Petitioner.

Mr. Ranadeb Sengupta ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than 1 year. He has documents in his custody to establish, his Indian citizenship. Learned advocate for the State, on the other hand, refutes such claim and submits that none of the documents do substantiate any claim of the petitioner.

Having considered that the petitioner has been charged under Section 14A(b) of the Foreigners Act and Section 12 of the Passport Act, I am of the view that in case petitioner intends to rely on any documents, petitioner would produce the same before the learned Trial Court. The learned Trial Court, if required, will conduct an enquiry for fortifying such claim of the petitioner. Since these are questions of facts, the learned

Trial Court would be at liberty to consider the same at the appropriate stage of the trial.

Presently, I am not inclined to release the petitioner on bail.

Accordingly, CRM (M) 1417 of 2025 is dismissed. Report submitted be kept with the record.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)