Calcutta High Court
CRM(M)/150/2026 of TAPASHI KUMARI@ANAMIKA SARKAR@TAPASHI RANI KUMARI Vs THE STATE OF WEST BENGAL on 12 August 2026
Court No.09. (D.Hira) (Allowed) IN THE HIGH COURT AT CALCUTTA CIRCUIT
12.08.2026
Court
No.09. (D.Hira)
(Allowed)
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT JALPAIGURI
APPELLATE SIDE
CRM (M) 150 of 2026
In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973, in connection with Kuchlibari Police Station Case No. 48/2025 dated 03.04.2025 under Section 14A of Foreigners Act, 1946.
-
And -
In the matter of: - Smt. Tapashi Kumari @ Anamika Sarkar @
Tapashi Rani Kumari.
… petitioner.
Mr. Sandip Mandal,
Mr. Suraj Bajak.
…for the petitioner.
Mr. Avrojyoti Das, ld. APP.,
Mr. Debabrata Rai.
… for the State
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
1. Learned counsel for the petitioner has submitted that the petitioner is a married wife of one Goutam Sarkar. The petitioner has admitted that she is a citizen of Bangladesh but she married one Indian gentleman on 24th April, 2023. Subsequently, she went back to her home country. Subsequently, she came back to India due to religious persecution or fear of religious persecution but she was apprehended by the law enforcing agencies on 3rd April, 2025.
2. In support of her marriage, she produces some pictures.
3. Learned counsel for the petitioner has drawn the attention of this Court to the Rule 3(1)(e) of the Immigration and Foreigners Order, 2025.
4. Learned counsel for the State opposes the prayer for bail. However, he has left the matter to the discretion of this Court.
5. It prima facie, appears that there is a ground for exemption in favour of the present petitioner.
6. I have gone through the materials on record. I find sufficient materials in the submissions of the learned counsel for the petitioner.
7. In view of the above, the prayer of the petitioner for bail is allowed on the following conditions:
a) The petitioners, namely Smt. Tapashi Kumari @ Anamika Sarkar @ Tapashi Rani Kumari shall be released on bail upon furnishing bond of Rs.2,000/- (Rupees Two Thousand), with one registered surety of the like amount, subject to satisfaction of learned Additional Sessions Judge, Mekhliganj, Coochbehar.
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) She shall intimate her local address in India to the learned Trial Court and also to the concerned I.O. of the case.
e) She shall reside in the house of her husband at Nadia as mentioned in her Aadhar Card, until further order.
8. In the event, the petitioner 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.
9. The application for bail is, thus, allowed.
10. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
11. 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.)