Emamul Hasan v. State Of West Bengal

22.11.2023 sdas allowed CRM(DB) No. 3736 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Eco Park Police Station Case No. 191 of 2023 dated 16.08.2023 under Section 14A(b) of the Foreigners Act.

And In Re : Emamul Hasan ...... petitioner Mr. Soewel Bhattacharjee ....for the petitioner Mr. Prasun Kumar Datta, learned APP Mr. Santanu Deb Roy .... for the State

1. Report submitted in Court is placed on record.

2. Heard the learned Counsels for the parties.

3. We have considered the materials on record. Passport of the petitioner is genuine. Under such circumstances and in view of the nature of accusation, we are inclined to grant bail to the petitioner.

4. Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Barasat, North 24 Parganas, subject to conditions that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

5. In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to

cancel his bail in accordance with law without further reference to this Court.

6. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)