Nizamuddin v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI 14.05.2024. C.R.M. (DB) 224 of 2024 9/tkm In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Mekhliganj P.S case no. 1 of 2024 dated 2.1.2024 under sections 14A/14C of the Foreigners Act and Allowed In the matter of : Nizamuddin ..... Petitioner Ms. Jewel Chanda ...for the Petitioner Mr. A S Chakraborty, Ld APP Mr. Biswarup Roy ...for the State

1. Petitioner contends he is an Indian citizen. He has relied on voter's identity card and other documents in support of his plea. Accordingly, he prays for bail.

2. Learned lawyer for the State contends petitioner is of Afgan origin. But investigation shows his voter's identity card is genuine.

3. We have considered the materials on record. Report shows voter's identity card of the petitioner is genuine. No steps have been taken by the appropriate authority to cancel his identity card.

4. Under such circumstances, we are inclined to grant bail to the petitioner.

5. Accordingly, the petitioner 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 ACJM Mekhliganj, Coochbehar on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

6. In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

7. The application being CRM (DB) 224 of 2024 is disposed of.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)