D/L3 28.08.2026 Bpg. C.R.M. (M) 1098 of 2026 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Swarupnagar Police Station Case No.430 of 2025 dated 23.06.2025 under Sections 14A(b)/14C of the Foreigners Act 2025 read with Section 12 of the Passports Act, 1967; Safi Alam & Ors. Versus The State of West Bengal Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak. ...for the petitioners. Mr. Shataroop Purkayastha. …for the State. Learned advocate appearing for the petitioners submits that the petitioners are Rohingas and have been declared refugees by the UNHCR. It is submitted that the said issue was canvassed at the time of filing of the charge-sheet. Records reflect that the petitioners were arrested on or about 23.06.2025. More than 1 year 2 months have passed. So far as the refugee’s in India is concerned as a matter of right nobody can claim as a refugee. However, even if a person is facing proceedings under the Foreigners Act, he is entitled to get the benefit of the provisions of the BNSS. State has opposed the prayer for bail. 2 I have taken into account the overall materials. I direct the jurisdictional court at Basirhat to direct the investigating officer of the case or the appropriate authority to produce the outcome by way of a report in respect of the refugee claimed by the petitioners. It is also directed that in case no further proceedings progresses before the learned trial court and the same is not concluded within a period of six months, in that case, petitioners be released on bail on such terms and conditions as the learned court deems fit and proper. At this stage, the prayer for bail of the petitioner is rejected. Learned jurisdictional court will consider the report and take a decision, in the alternative within six months complete the trial of the case. With the aforesaid observations, CRM(M)1098 of 2026 is disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)