Antar Gain v. State Of West Bengal

10.11.2025 Court No.35.

D/L. 48.

Rakib (Rejected) CRM (M) 1794 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hingalganj Police Station Case No. 05 of 2025 dated 04.012025 under Section 14A(b) of the Foreigners Act, 1946.

And In the matter of : Antar Gain ......Petitioner.

Mr. Ali Ansar Alamgir Ms. Soma Mal Ms. Rabia Khatoon Mr. June Modak ......for the Petitioner.

Ms. Zareen N. Khan Ms. Sonali Bhar ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner was implicated in connection with a case under the Foreigners Act. A Birth Certificate was enclosed and it was claimed to be that of the petitioner. The Coordinate Bench directed to cross-check regarding the authenticity of the Birth Certificate.

Learned advocate appearing for the State has submitted a report enclosing the communication made by the SubRegister, Birth & Deaths of Tambuldaha-I, G.P. Canning-II, South 24 Parganas, which reflects that the same has not been registered at the same gram panchayat.

Since the authenticity of the document has been turned down by the concerned Officer, I am of the view that the plea of

the petitioner relating to his birth relying upon the Birth Certificate cannot be taken into account.

Consequently, CRM (M) 1794 of 2025 is dismissed. Report so submitted by the State 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.)