Ramjan Ali v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 24.04.2024 AT JALPAIGURI Court No.01 Item No. 34 Allowed sg CRM (A) 352 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Haldibari Police Station Case No. 12 of 2024 dated 14.01.2024 under Sections 14C/14C of the Foreigner Act. And In Re: Ramjan Ali.

Petitioner Ms. Supriya Debnath Mr. Liton Ali For the Petitioner Mr. Nilay Chakraborty, ld. APP Ms. Sukanya Adhikary For the State

1. It is submitted on behalf of the petitioner that the present accused petitioner is no way involved in the commission of alleged offence.

2. The learned counsel for the State, however, opposes the prayer for anticipatory bail.

3. On perusal of the entire materials as placed before this Court, it appears that the present accused petitioner's name transpires from the statement of the coaccused person where it has been alleged that the present accused petitioner is within the racket of cattle smuggling from India to Bangladesh.

4. Considering the entire materials as placed before us, we are of the considered view that custodial interrogation of the present petitioner is not necessary and he may be granted anticipatory bail on stringent conditions.

5. Accordingly, we direct that in the event of arrest, the petitioner, Ramjan Ali, shall be released on bail upon furnishing a bond of Rs.10,000/, with two

registered sureties of like amount each subject to the satisfaction of Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. The petitioner is further directed to meet the Investigating Officer of this case twice in a week till the submission of the final report and shall not leave the territorial jurisdiction of the learned Trial Court except with the permission of the learned Trial Court till submission of the final report.

6. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

7. CRM (A) 352 of 2024 is, thus, disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Partha Sarathi Sen, J)