The Division Bench rejected a bail application filed under Section 439 CrPC in a case involving the Foreigners Act and Passport Act. The court declined bail due to doubts regarding the genuineness of the petitioner's Voter's Identity Card, noting it was previously issued to another individual.
The application for bail is rejected.
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12.04.2023 Sl. No.26 akd [Rejected]
C. R. M. (DB) 964 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 13.03.2023 in connection with Swarupnagar Police Station Case No.1074 of 2022 dated 04.11.2022 under Section 14A(b) of the Foreigners Act read with Section 12 of the Passport Act.
And
In Re: Faruk Gazi
… … Petitioner
Mr. Sabyasachi Mukherjee Mr. Bibek Dey Mr. Mukesh Khanna Mr. Syed Neaz Ahmed Mr. Debarati Chowdhury … … for the petitioner
Mr. Arijit Ganguly Mr. Kausik Kundu
… … for the State
Heard the learned Advocates appearing for both the parties.
We have perused the report. From the report it appears that the Voter’s Identity Card of the petitioner is not genuine. Voter’s Identity Card bearing same EPIC No. was issued earlier in favour of one Faruk Gazi.
Under such circumstances and in view of the nature of allegations, we are not inclined to grant bail to the petitioner at this stage.
The application for bail is thus rejected.
(Ajay Kumar Gupta, J.)
(Joymalya Bagchi, J.)
2 issues framed by the court
Whether bail should be granted to the petitioner charged under the Foreigners Act and Passport Act given the denial of voter identity card authenticity at this stage.
Whether the manner in which the Voter's Identity Card was issued in favour of another person renders the petitioner's identity genuine.
3 provisions across 3 enactments
Faruk Gazi
The State
Ajay Kumar Gupta
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
