Lipan Ali v. The State Of West Bengal

July 03, 2025 1 ARDR (Allowed)

IN THE HIGH COURT AT CALCUTTA

IN THE CIRCUIT BENCH AT JALPAIGURI

C.R.M. (R) 36 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kuchlibari Police Station Case No. 21 of 2023 dated 12/3/2023 under Sections 14A/14C of the Foreigners Act, 1946. And In Re :

Lipan Ali ... Petitioner Mr. Anirban Banerjee, Mr. Tapabrata Ghosh, Mr. Soumyajit Laskar, ... for the Petitioner.

Mr. Kallol Acharjee, Mr. Biswarup Roy, ... For the State.

This is an application for bail filed on behalf of the accused Lipan Ali.

It is submitted on behalf of the petitioner that the petitioner is an Indian citizen. He has been implicated in this case with an allegation that he illegally harboured Bangaladeshi national. The investigation of the case has ended in a charge sheet under Sections 14A and 14C of the Foreigners Act far back in the year 2023. It is also submitted that although the petitioner has been absconding for a long period, but he voluntarily surrendered before the Court. The case is fixed for framing of charge. Learned advocate for the State submits that the allegations are serious as against the petitioner and he should not be released on bail.

I have considered the submissions made on behalf of the parties and also in consideration of materials in the Case Diary

produced today. It appears that the investigation of the case ended in a charge sheet under Sections 14A/14C of the Foreigners Act on April 30, 2023. It is not denied that the petitioner voluntarily surrendered before the jurisdictional Court.

Considering the aforesaid circumstances and also taking into account that the petitioner is no longer required for the purpose of custodial interrogation and the case is also already fixed for framing of charge, I am inclined to grant the petitioner on bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Mekhliganj, subject to condition that he shall attend the learned trial Court on every date of hearing and shall not leave the jurisdiction of learned Additional Chief Judicial Magistrate, Mekhliganj. The petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with any of the conditions as mentioned above without justifiable cause, the learned 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, thus, disposed of. Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Md. Shabbar Rashidi, J.)