Salai Thang Naing v. State Of West Bengal

37.

10.03.2025.

Court No.26 (Pritam) (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (DB) 3517 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of NSCBI Airport Police Station Case No.64/2024 dated 26.08.2024 under Sections 318(4)/319(2)/336(2)/336(3)/338/340(2) of the BNS, 2023. And In the matter of: - Salai Thang Naing.

...petitioner.

Mr. Sourav Chatterjee, Sr. Adv., Mr. R. R. Mohanty, Mr. Pradyut Saha, Ms. Pusprita Chowdhury ...for the petitioner.

Ms. Zareen N. Khan, Mr. Prakash Mishra ...for the State.

1. Petitioner prays for bail.

2. Learned senior advocate appearing for the petitioner refers to the supplementary affidavit and to the charge filed by the police in the matter. He submits that the genuineness of the passport, driving licence and the aadhaar card of the petitioner was accepted. He submits that the petitioner is an Indian national and so also the wife of the petitioner. He points out that there is one child was born to the petitioner and his wife.

3. Learned advocate appearing for the State refers to the report. She submits that a Myanmar passport was recovered from the possession of the petitioner.

4. Police filed charge-sheet. Charge-sheet filed by the State against the petitioner states that the passport, driving licence and the aadhaar card of the petitioner are genuine.

5. In such circumstances, we do not find any need to detain the petitioner any further.

6. Accordingly, we direct that the petitioner, namely, Salai Thang Naing. shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned C.J.M., Barrackpore. The petitioner shall appear before the trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

7. In the event the petitioner fails to comply with any of the conditions stipulated above, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this court.

8. The application for bail being CRM (DB) 3517 of 2024 is, thus, disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)