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2026 DAILYLAW 38622 (CAL)

SAMIYA MOLLA v. STATE OF WEST BENGAL

CRM(R)/88/2026 · 2026-09-07

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.09.2026 Serial no. 7 [G.S.Das] Assistant Registrar (Court) CRM (R) 88 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Hemnagar Coastal PS Case No. 07 of 2025 dated 30.01.2025 u/s 14A(b) of the Foreigners Act and 12 Passport Act (SC Case No. 421 of 2025]. -And- In the matter of : Samiya Molla … Petitioner(s) Mr. Pabitra Biswas … for the Petitioner(s) Mr. Brajesh Jha Mr. Neel Chakrbaorty … for the State-respondent(s) The petitioner is in custody for one year seven months and till date there has been no progress in the trial. Therefore, learned advocate prays that the petitioner may be released on bail on any stringent condition. State has produced the case diary as well as the report. It has been pointed that the petitioner while in custody had been manufacturing documents for reflecting that she is an Indian citizen. To that effect, one document was purportedly obtained from the Gram Pancheyat of the District of Alipurduar, who disowned the same and certified that the same was not signed by him. Subsequently, another document was handed over relating to the resident of Rajarhat Gopalpur Municipality. The same was also 2 verified with the aid of the Officer-in-charge of the local police station. However, the same was also found to be fake. Having taken into account the conduct of the present petitioner who, while in jail had been successful in producing questionable documents for obtaining bail, I am of the opinion that the petitioner is getting aid and assistance from the others outside the jail. Having considered the same and the fact that the petitioner was arrested at the vicinity of the border in suspicious circumstances by the border police station, I am of the opinion that it would not be fit and proper to release the petitioner on bail. Hence, the prayer for bail of the petitioner is Rejected. Accordingly, CRM (R) 88 of 2026 is dismissed. Pending application(s), if any, is also disposed of. Memo of evidence submitted be kept the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.) 3