Calcutta High Court
CRM(M)/243/2026 of SABUJ DAS AND ORS Vs THE STATE OF WEST BENGAL on 12 August 2026
Court No.09. (D.Hira) (Allowed) IN THE HIGH COURT AT CALCUTTA
7 12.08.2026
Court
No.09. (D.Hira)
(Allowed)
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI
APPELLATE SIDE
CRM (M) 243 of 2026
In Re: - An application for post arrest bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bagdogra Police Station Case No. 71 of 2025 dated 08.03.2025
under Sections 14A and 14C of Foreigners Act, 1946 read with Section 336(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023
corresponding to Sessions Case No. 135 of 2025.
-
And -
In the matter of: - Sabuj Das & Ors.
… petitioners.
Mr. Subham Ghosh,
Mr. Mayank Roy.
…for the petitioners.
Mr. Avrojyoti Das, ld. APP.,
Ms. Panchali Deb Sikder (Nag), ld. Sr. adv., Mr. Kallol Ghosh, Mr. Atul Dong.
… for the State
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1. Learned counsel for the petitioners has submitted that the petitioners have entered into the territory of India before 31st December, 2024 from the territory of Bangladesh due to religious persecution and also for the fear of religious persecution.
2. In view of the Immigration and Foreigners Order, 2025 they are exempted from production of valid documents for entering into the territory of India.
3. Learned counsel for the State opposes the prayer for bail. However, he has left the matter to the discretion of this Court.
4. I have gone through the materials on record. I find sufficient materials in the submissions of the learned counsel for the petitioners.
5. In view of the above, it appears that the petitioners are entitled to the privilege under Rule 3(1)(e) of the Immigration and Foreigners Order, 2025.
6. In view of the above, the prayer of the petitioners for bail is allowed on the following conditions:
a) The petitioners, namely Sabuj Das, Sanju Das @ Sonju Dass, Runi Das, Sajani Das @ Sajoni Das and Pratima Das @ Paromita Das shall be released on bail upon furnishing bond of Rs.2,000/- (Rupees Two Thousand) each, with one registered surety of like amolunt each, subject to the satisfaction of Learned Additional Sessions Judge (Fast Track Court), Siliguri.
b) The petitioners shall appear before the learned Trial Court on each and every date of hearing and/or as and when to be directed by the Court.
c) The petitioners shall not intimidate or threaten the witnesses and/or tamper with evidence in any manner whatsoever and shall not commit any cognizable offence in any manner whatsoever.
d) They shall inform their local address to the learned Trial Court and the concerned I.O. of this case.
e) The petitioner no. 1, namely Sabuj Das shall meet the I.C. of the concerned local jurisdictional police station where all the petitioners will reside once in a fortnight, until further order.
f) The petitioner no. 4, namely, Sajani Das @ Sajoni Das, as per submissions made on behalf of the learned counsel for the petitioners, has a baby on her lap.
7. In the event, the petitioners fail to adhere to any of the conditions stipulated above, the Trial Court shall be at liberty to cancel the bail in accordance with law.
8. The application for bail is, thus, allowed.
9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
10. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.
(Apurba Sinha Ray, J.)