Subir Mallick v. State Of West Bengal

21.09.2022 as/tkm/ct 28 C.R.M. (DB) 3203 of 2022 sl no. 33 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Swarupnaar PS case no. 401/2022 dated 20.4.2022 under section 188 of the IPC and section 14 of the Foreigners Act and section 12 of the PP Act And In Re : Subir Mallick ........ petitioner Mr. G K Nath ...... for the petitioner Mr. Swapan Banerjee Mr. A S Chatterjee ...... for the State Petitioner claims to be an Indian citizen. He has relied upon certain documents in support of his plea of citizenship. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. None of the documents are conclusive with regard to the plea of Indian citizenship taken by the petitioner.

In view of the aforesaid circumstance and the nature of accusation, we are of the opinion that this is not a fit case to grant bail to the petitioner at this stage.

Accordingly, the prayer for bail is rejected. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)