24.09.2026 IN THE HIGH COURT AT CALCUTTA Item No.18 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (M) 1863 of 2026 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kasba Police Station Case No. 275 of 2023 dated 11.07.2023 under Sections 420/469/468/467/ 471/474 of the Indian Penal Code read with Sections 14(c) of the Foreigners Act and Section 12 of the Passport Act, 1956 and supplementary charge-sheet submitted under Section 14(a) of the Foreigners Act. And In Re : Pial Das @ Pial Das Parya ... Petitioner. Mr. Jayanta Narayan Chatterjee, Sr. Adv., Ms. Moumita Pandit, Ms. Ritushree Banerjee, Ms. Olivia Dutta, Mr. Siddhartha Roy, Mr. S. Dey ... For the Petitioner. Mr. Rajdeep Majumder, Ld. AAG, Mr. Somnath Adhikary, Mr. Sayan Mukherjee, Mr. Arka Mukherjee ... For the State. Mr. Avik Ghatak, Mr. Abhinav Rakshit ... For the de facto complainant. Learned senior advocate appearing for the petitioner submits that petitioner was a student who studied in India and thereafter entered into a marital tie. Subsequently because of marital dispute, petitioner has been foisted with the present criminal case. Learned advocate appearing for the de facto complainant submits that the documents which were considered at the stage when the anticipatory bail of the 2 petitioner was considered clearly reflected the foreign origin of the present petitioner. Learned Additional Advocate General appearing for the State, on the other hand, opposes the prayer for bail and submits that in view of the two Notifications of the Central Government, the issue relating to bail has been left to the discretion of this Court. Petitioner was arrested from her residence on 18.04.2025. State do not dispute regarding overstay of the petitioner after completion of her academic qualifications. The de facto complainant in this case is husband of the present petitioner. There is a marital dispute, prima facie, as is appearing. Petitioner is in custody for more than 1 year 5 months. Having considered the overall circumstances of the case as stated above, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Pial Das @ Pial Das Parya shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Alipore. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of the district of South 24-Parganas without prior permission of the learned Trial Court. 3 Additionally, the petitioner shall furnish her address where she would be staying before she is released on bail to the learned Chief Judicial Magistrate, Alipore. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (M) 1863 of 2026, is, thus, disposed of. All concerned 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 with all requisite formalities. (Tirthankar Ghosh, J.)