Maya Mandal v. State Of West Bengal

03.11.2025

IN THE HIGH COURT AT CALCUTTA

Item No.24 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (M) 1801 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Hingalgunj Police Station Case No. 05 of 2025 dated 04.01.2025 under Section 14A(b) of the Foreigners Act.

And In Re :

Maya Mandal ... Petitioner.

Mr. Kallol Kumar Basu, Md. Jannat ul Firdous ... For the Petitioner.

Mr. Subhomoy Bhattacharya, Mr. Sachit Talukdar ... For the State.

Petitioner claims that she has been married to an Indian national. However, she because of reasons beyond control tried to enter India and was intercepted. According to the petitioner, all the matrimonial relations are Indian citizens. However, this issue has been taken up before the High Court for the first time and was never canvassed before the learned Magistrate in seisin of the issue. Accordingly, petitioner is granted liberty to take up the issues before the learned Magistrate. Learned Magistrate would direct for conducting an enquiry by an officer in the rank of DSP in-charge of Hingalgunj Police Station. Let such enquiry be concluded within a period of thirty days from the date of filing of such application.

At this stage without authentication of all the facts, prima facie, I am not satisfied to release the petitioner on bail. As such, the prayer for bail of the petitioner is rejected. The application for bail, being CRM (M) 1801 of 2025, is, thus, dismissed.

All concerned parties shall act on the server copy of this order duly 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.)