Lipan Ali v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 19.08.2025.

Ct.No.04.

as (Allowed) C.R.M. (R) 51 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mekhliganj P.S. Case No.01 of 2024 dated 02.01.2024 under Sections 14A/14C of the Foreigners Act corresponding to G.R. Case No.01 of 2024. In the matter of : Lipan Ali.

.... Petitioner.

Mr. Anirban Banerjee, Mr. Tapabrata Ghosh.

...for the Petitioner.

Mr. Abhijit Sarkar, Mr. Biswarup Roy.

...for the State.

1.

Mr. Roy, learned Advocate representing the petitioner submits that inadvertently certain typographical errors have crept in the cause title of this application.

2.

Liberty is granted to the learned Advocate to make necessary correction.

3.

This application has been preferred under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, BNSS) in connection with Mekhliganj P.S. Case No.01 of 2024 dated 02.01.2024 under Sections 14A/14C of the Foreigners Act corresponding to G.R. Case No.01 of 2024.

4.

Mr. Banerjee, the learned advocate representing the petitioner, submits that the present petitioner is Indian citizen. He submits that the petitioner may be granted bail.

5.

Mr. Roy, learned Advocate representing the State, produces the case diary and opposes the prayer for bail.

6.

Heard the learned Advocates appearing for the respective parties and perused the materials on record including the case diary. 7.

Here, charge sheet has been submitted. Other accused persons those who are foreigners have been granted bail. The State did not dispute that the present petitioner is Indian national. Therefore, taking note of these facts, I am of the view that the petitioner's prayer for bail may be granted.

8.

Accordingly, the petitioner, viz., Lipan Ali, may find bail of Rs. 10,000/-, with two sureties of Rs. 5,000/- each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Mekhliganj, Cooch Behar, one of which must be local, subject to the condition that the petitioner 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.

9.

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

11. This application for bail is, thus, disposed of. (Partha Sarathi Chatterjee, J.)