Mahasin Sardar v. State Of West Bengal

20.12.2022 sdas Allowed C.R.M. (DB) No. 4285 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Swarupnagar Police Station Case No. 890 of 2022 dated 05.09.2022 under Section 14A(b) of the Foreigners Act and under Section 12 of the Passport Act.

And In Re : Mahasin Sardar ....... petitioner Mr. Satadru Lahiri Mr. Safdar Azam .....for the petitioner Mr. Prasun Kumar Datta, learned APP Mr. Nirupam Dhali .....for the State Report filed by the learned Counsel appearing for the State be kept with record.

It appears from the report that Voter's Identity Card of the petitioner is genuine.

Under such circumstances and in view of nature of allegation, we are inclined to grant bail to the petitioner. 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 Additional Chief Judicial Magistrate, Basirhat, North 24-Parganas, subject to conditions that he shall appear before the trial court on every date of hearing until

further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is, accordingly, allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)