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District: Coochbehar

In The High Court at Calcutta

Criminal Miscellaneous Jurisdiction

Circuit Bench at Jalpaiguri

C.R.M.(DB) NO. OF

2023;

In the matter of:

An application for bail under

Section 439 of the Code of

Criminal Procedure, 1973;

-And-

In the matter of:

Order no. 7dated July 5,

2023passed by the Learned

Additional Sessions Judge,

Mekhliganj, Coochbehar thereby

rejecting the prayer for bail of

the petitioner in connection with

Sessions Trial No. 01 (10) 2022

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in Sessions Case No. 114 of

2022 arising out of GR Case No.

48 of 2022 in connection with

Kuchlibari Police Station Case

No.09 of 2022 dated January

12, 2022 under

sections14A/14Cof the

Foreigners Act, 1946, pending

before Learned Additional

Sessions Judge, Mekhliganj,

Coochbehar.

-And-

In the matter of:

Arafat Hossain, son of Kamal

Hossain, permanent resident of

House No. 739, Eidgah Baro

Pukurpar, Post Office- Rampur,

Police Station- Halisahar,

District- Chitgaon, Bangladesh

and presently resident of Udna,

Balipur, Khanakul, Hooghly,

Pin- 712401.
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…..… Petitioner

(In JudicialCustody)

Versus

The State of West Bengal

.…Opposite Party

To,

The Hon’ble T.S. Sivagnanam, Chief Justice and His Companion

Justices of the said Hon’ble Court.

The humble petition of the petitioners

above named most respectfully-

SHEWETH:-

1. The prayer for bail of the petitioner was lastly rejected by Order

no. 7 dated July 5, 2023 passed by the Learned Additional

Sessions Judge, Mekhliganj, Coochbehar. The petitioner is

approaching this Hon’ble Court for the second time. A bail

application was filed before this Hon'ble Court being CRM No.

(DB) 524 of 2023 and Hon'ble Justice Tapabrata Chakraborty

and Hon'ble Justice Lapita Banrejee allowed it to be withdrawn

due to technical difficulties with liberty to file afresh vide order

dated August 30, 2023. A copy of the Order no. 7 dated July 5,
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2023 and order dated August 30, 2023 are annexed hereto and

collectively marked as “P/1”.

2. The prosecution case, in brief, is that one Bipul Chowdhury,

Sub-Inspector, Kuchlibari Police Station lodged a suo moto

written complaint before the Officer In-Charge, Kuchlibari Police

Station alleging, inter alia, that on 12.01.2022 at 12:25 hours he

received a source information that one person was allegedly

carrying one Bangladesh National by motorcycle from Dangarhat

towards Mekhliganj side for clandestine disposal. Accordingly,

he diarized the matter in GD which refers to Kachlibari PS GDE

No. 334 Dated 12.01.2022 and also informed Officer In-Charge,

Kuchlibari Police Station. As per the direction of Officer In-

Charge, Kuchlibari Police Station, the de facto complainant

along with others went to Mrigipur to verify the veracity of the

source information. After arrival at Mrigipurat 12:45 hrs, they

started Naka Checking duty. At 12:55 hrs, they found one

motorcycle rider along with one pillion rider was coming from

Bagdokra More side towards Mekhliganj side. On being

identified by the source, they allegedly intercepted the

motorcycle and apprehended the motorcycle rider and the pillion

rider. On preliminary interrogation, allegedly the pillion rider

confessed that he is Bangladeshi National and entered into India

illegally on 12.01.2022 through unfenced border without any

passport and visa.

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3. On the basis of the aforesaid written complaint, Kuchlibari

Police Station Case No. 09 of 2022 dated January 12, 2022

under sections 14A/14C of the Foreigners Act, 1946was started

against the petitioner and others.

4. Charge sheet No. 24 of 2022 dated February 28, 2022 has been

submitted before the Learned Additional Chief Judicial

Magistrate, Mekliganj. A copy of the chargesheet is annexed

herewith and marked as “P/2”.

5. Case has been committed, charge framed and dates have been

fixed for evidence.

6. The petitioner is an active member of Bangladesh National Party

of Bangladesh, and its youth wing Bangladesh Nationalist Youth

Party, whose members are being persecuted for their political

affiliation by the ruling party in Bangladesh and the petitioner

ran away into India to flee from such persecution and could not

make official arrangements as he would have been assassinated

as the authorities of Bangladesh, who are under the control of

the present ruling party, would have found out and as there was

extreme urgency as he learnt that he will soon be killed. Many

members are missing. The petitioner has sought refugee status

and in connection thereto had also filed a writ petition being

WPA No. 1502 of 2022 and in connection thereto by the order

dated July 12 2022 the same was disallowed on the ground that

the Hon’ble Court cannot direct the United Nations Human

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Rights Commission which is the authority to grant refugee

status and political asylum. Your petitioner craves leave to

produce documents in support of its contentions. Copies of a

few documents showing persecution is annexed herewith and

marked collectively as “P/3”.

7. Since charge sheet has been submitted, there is no need to keep

the petitioner in judicial custody, pending trial as the petitioner

is innocent and has come with clean hands. Further, there is

nothing to remotely suggest that the petitioner entered with

dishonest intentions or that he is a threat to India and its

security.

8. The petitioner has been arrested on January 12, 2022 and since

then he is in custody.

9. If the petitioner is released on bail than he will reside with one

Sk Maksudul, son of Mahiuddin who is his relative, at his

residence at Udna, Balipur, Khanakul, Hooghly, Pin- 712401.

Copies of the Aadhaar Card, Voter Identification Card and

Income Tax Permanent Account Number Card of the said Sk.

Maksudul are annexed herewith and marked collectively as

“P/4”.

10. The petitioner is ready to abide by all and/or any condition that

may be imposed by the Hon’ble Court while granting bail to your

petitioner.
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11. Your petitionerhas no chance of his absconding and/or avoiding

the course of justice given his predicament.

12. This application is made bonafide and for the ends of justice.

In the circumstances your

petitioner most humbly prays

that Your Lordships may

graciously be pleased to allow

this application by directing

your petitioner to be released on

bail in connection with Sessions

Trial No. 01 (10) in 2022

Sessions Case No. 114 of 2022

arising out of GR Case No. 48 of

2022 in connection with

Kuchlibari Police Station Case

No. 09 of 2022 dated January

12, 2022 under sections

14A/14C of the Foreigners Act,

1946, pending before Learned

Additional Sessions Judge,

Mekhliganj, Coochbehar.
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And

To pass any other or further

order or orders as Your

Lordships may deem fit and

proper.

And your petitioner, as in duty bound, shall ever pray.

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Affidavit

I, Sk Maksudul, son of Mahiuddin, aged about 50 years, by faith-

Islam, by occupation- ,resident of Udna, Balipur, Khanakul,

Hooghly, Pin- 712401, do hereby solemnly affirm and say as follows: -

1. I am the authorized agent and relative of the petitioner of this

case, as such I am well acquainted with the facts and

circumstances of this instant case and I have duly been

authorized by the petitioner to affirm this affidavit on his behalf.

2. The statements made in paragraph nos.1 to 9 are derived from

the petitioner which I verily believe to be true and correct and

the rest are my humble submission before this Hon’ble Court.

Prepared in my office. The deponent is known

to me

Advocate Clerk to Mr.

Advocate

Solemnly affirmed before me

on this the day of September, 2023.

Certified that all annexures are legible

Advocate

Commissioner
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District: Coochbehar
In The High Court at Calcutta
Criminal Miscellaneous Jurisdiction
Circuit Bench at Jalpaiguri

C.R.M.(DB) NO.OF 2023

In the matter of:
An application for bail under Section
439 of the Code of Criminal
Procedure, 1973;
And
In the matter of:
Arafat Hossain
……Petitioner
Versus
The State of West Bengal
………
Opposite Party

Application for Bail

Dhiraj Lakhotia
Advocate
Circuit Bench at Jalpaiguri
High Court, Calcutta
Phone: 9735223953
Email: [email protected]