Calcutta High Court (Appellete Side)
Md. Rajib Hussain @ Md. Anish vs Unknown on 9 December, 2013
Author: Toufique Uddin
Bench: Toufique Uddin
1 09.12.2013
CRM 15780 of 2013 Court No.21 Item No.37 (REJECTED) sks In re: Application for bail under Section 439 of the Code of Criminal
Procedure filed on 02.12.2013 in connection with Gaighata Police Station Case No. 773 of 2013 dated 08.10.2013 for commission of offence punishable under Sections 13 and 14 of the Foreigners Act.
And In the matter of : Md. Rajib Hussain @ Md. Anish ....Petitioner Mr. Navanil De Mr. Krishnendu Bhadra .......For the Petitioner Mr. Anjan Dutta .......For the State Heard learned Advocates appearing for the petitioner and the State.
This is a case where the present petitioner has been charged for commission of offence under Sections 13/14 of the Foreigners Act.
While canvassing the prayer for bail, the learned Advocate of the petitioner placed before me a copy obtained through internet in respect of voter slip related to Md. Anish i.e. the present petitioner and it was reported to be a genuine document. Therefore, he prays for release of 2 the petitioner on bail.
The learned Advocate of the State strongly resisted the prayer for bail and placed before me the report of the Investigating Officer of Gaighata Police Station stating that on search through internet the EPIC No. MGK 0882154 allotted in the name of Md. Anish appears to be false. However, in the next paragraph the Investigating Officer has mentioned that he made an 'on line' search through Internet again against PAN No. BIOPA 2502E allotted in the name of Md. Anish and found it to be genuine. Therefore, the EPIC given by the Investigating Officer does not match even with the EPIC Number submitted by the petitioner himself.
This being the position, I am reluctant to rely on the report of PAN number and hereby reject the application for bail.
The report filed in court today be kept on record.
(Toufique Uddin, J)