Md.Rashidul Haque v. The State Of West Bengal

October 13, 2023.

Ks Sl.2 Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM(DB) 633 of 2023 In re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed on 10.10.2023 in connection with Mekhliganj P.S. Case No.284 of 2023 dated 29.8.2023 under Section 14A/14C of the Foreigners Act.

In the matter of: Md. Rashidul Haque .... Petitioner.

Mr. Biswarup Roy ... for the Petitioner.

Mr. Nillay Chakraborty, Mr. Dhiman Sil ... For the State.

Heard learned Advocates appearing for the parties. This is an application for bail under Section 439 of the Cr. P.C.. Learned Advocate appearing for the petitioner submits that the petitioner is an Indian citizen and in support of his contention he has annexed a copy of the AADHAAR Card and Voter Identity Card to the application. He further submits that the petitioner is in custody since 52 days, so, bail may be granted to the present petitioner. Learned Advocate representing the State does not dispute about the genuineness and validity of the AADHAAR Card and Voter Identity Card. Considering the facts and circumstances of this case which appears from record and submission of the parties we are inclined to hold that further detention of the present petitioner will not serve any purpose. In view thereof, petitioner may find bail upon furnishing a 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 Ld. ACJM, Mekhliganj subject to the condition that the petitioner shall meet the Investigation Officer once in a fortnight until further order of this court and shall not leave the jurisdiction of the local Police Station without the leave of the concerned court.

CRM 633 of 2023 is disposed of.

(Partha Sarathi Chatterjee, J.) (Md. Nizamuddin, J.)