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Calcutta High Court (Appellete Side)
Manoj Ghosh vs Islam Chowdhury @ Islam on 24 April, 2025
Author: Debangsu Basak
Bench: Debangsu Basak
24.04.2025
DL-17 to 19 CRA (DB) 132 of 2024
Court No.26 With
(SD) CRAN 1 of 2025
In re: An appeal under Section 21(4) of the National Investigation
Agency Act, 2008.
-And-
In the matter of : Manoj Ghosh
... ...Appellant
Mr. Milon Kumar Mukherjee, Ld. Sr. Advocate
Mr. Debdatta Sen, Ld. Sr. Advocate
Mr. Biswajit Manna, Advocate
Mr. Alokesh Dalai, Advocate
Ms. Ledia Dasgupta, Advocate
Ms. Sawant Chanda
... for the appellant
Mr. Arun Kumar Maiti (Mohantya), Spl. PP. NIA
Mr. Bhaskar Prosad Banerjee, Spl. PP, NIA
Mr. Debasish Tandon, PP. NIA
... for the NIA
With
CRA (DB) 179 of 2024
In re: A memorandum of appeal under Section 21 of the National
Investigation Agency Act, 2008.
-And-
In the matter of : Islam Chowdhury @ Islam
... ...Appellant
Mr. Sourav Chatterjee, Ld. Sr. Advocate
Mr. Satadru Lahiri, Advocate
Mr. Sourav Paul, Advocate
Mr. Samrat Biswas, Advocate
... for the appellant
Mr. Arun Kumar Maiti (Mohantya), Spl. PP. NIA
Mr. Bhaskar Prosad Banerjee, Spl. PP, NIA
Mr. Debasish Tandon, PP. NIA
Ms. Deepa Nomani, PP. NIA
... for the NIA
with
CRA (DB) 262 of 2023
With
CRAN 2 of 2024
In re: An appeal under sub-section (4) of Section 21 of the
National Investigation Agency Act, 2008.
2
-And-
In the matter of : Merajuddin Ali Khan @ Meraj Khan @
Meraz Khan @ Merajuddin Ali
... ...Appellant
Mr. Milon Kumar Mukherjee, Ld. Sr. Advocate
Mr. Biswajit Manna, Advocate
...for the appellant
Mr. Arun Kumar Maiti (Mohantya), Spl. PP. NIA
Mr. Bhaskar Prosad Banerjee, Spl. PP, NIA
Mr. Debasish Tandon, PP. NIA
Ms. Deepa Nomani, PP. NIA
... for the NIA
In re: CRA 132 of 2024
1. Three appeals are taken up for analogous hearing as they
emanate out of the same police case.
2. Manoj Ghosh, an accused was enlarged on interim bail by
the Coordinate Bench by a judgment and order dated
February 11, 2025.
3. Interim bail was granted on certain conditions which are
as follows:-
"Accordingly, we are inclined to enlarge the petitioner
Mr. Manoj Ghosh on interim bail, and we do so. The
petitioner Manoj Ghosh may find interim bail of Rs.
50,000/- with two sureties of Rs. 25,000/- each out
of which one must be local subject to the satisfaction
of Learned Court of Chief Judge, City Sessions Court
(NIA Court) at Calcutta and also subject to following
conditions:-
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(i) The petitioner shall remain within the
jurisdiction of Bidhannagar, Salt Lake,
Kolkata excepting for the purpose of
attending court proceedings,
(ii) The petitioner shall meet the Bench clerk of
the Chief Judge City Sessions Court, Calcutta
during office hours twice in a week until
further order, and the concerned Bench clerk
will record the attendance of the petitioner
separately with endorsement and official seal,
in the attendance register to be produced by
the petitioner,
(iii) The petitioner shall furnish his local address
where he will reside presently to the 1.0. of this
case as well as to the learned Trial Court.
(iv) The petitioner shall not make any attempt to
intimidate, influence or tamper with evidence
and shall attend the court on each date of
hearing,
(v) The NIA authority is at liberty to keep a vigil
upon the petitioner and monitor his phone calls.
(vi) The petitioner shall be entitled to use only two
mobile phone numbers after disclosing the
same to the concerned I.O.
(vii) The petitioner shall not carry on any kind of
business involving explosives and stone
crushing until further order."
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4. Report was called for from the respondent as to the post
bail misconduct of Manoj Ghosh, if any, on the plea that
he no guilty. Report submitted by the respondent filed in
Court be taken on record.
5. Paragraphs 4 to 6 of such report are highlighted on behalf
of the respondent to contend that Manoj Ghosh is guilty
of post bail misconduct. In particular, it is claimed that
since Manoj Ghosh is the sole proprietor to the Raj
Lakshmi Store which is involved in stone crushing.
Officials of the respondent found the son of Manoj Ghosh
to operate a stone crushing machine belonging to
Rajlakshmi Stone Works of which Manoj Ghosh is the sole
proprietor. It is contended on behalf of the respondent
that since Manoj Ghosh is the sole proprietor, no assets of
Rajlakshmi Stone Works can be utilized.
6. In our view, Coordinate Bench while granting the interim
bail to Manoj Ghosh required Manoj Ghosh not to carry
on any kind of business involving explosive and stone
crushing until further order. Apparently, his son
operated the stone crushing machine on a particular day.
Such machine was found not to be working subsequently
as will appear from paragraph 6 of the report submitted
on behalf of the respondent.
7. We are not in a position to arrive at a finding that action
of the son of Manoj Ghosh who affected Manoj Ghosh in
the manner as suggested on behalf of the respondent.
Manoj Ghosh apparently was not at the place where the
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stone crushing machine is located. Of the seven
conditions imposed while granting of interim bail,
violation of only one is alleged by the respondent. The
other conditions inter alia required Manoj Ghosh to
remain within the jurisdiction of Bidhannagar Salt Lake.
Apparently, such condition was not violated by Manoj
Ghosh. The stone crushing machine is located outside
the jurisdiction of Bidhannagar Police Station. Nobody’s
case is that Manoj Ghosh himself operated the machine
lying outside the jurisdiction which he is not supposed to
leave.
8. In such circumstances, we confirm the interim bail
granted to Manoj Ghosh on February 11, 2025 by the
Coordinate Bench on the same terms and conditions.
In re: C.R.A. (DB)/ 179 of 2024
9. Learned senior advocate appearing for the appellant in
C.R.A. (DB)/ 179 of 2024 submits that his client is
entitled to bail on the ground of both of parity as also
Article 21 of the Constitution of India. He submits that
Manoj Ghosh, a co-accused was initially enlarged on an
interim bail and such interim bail stands confirmed
today. That apart, the Court granted bail to another co-
accused, namely Rintu Sk. @ Muntaj Ali @ Muntaz Ali on
March 19, 2025 in C.R.A. (DB) 310 of 2024.
10. Co-accused Rintu Sk. @ Muntaj Ali @ Muntaz Ali was
granted bail on March 19, 2025 inter alia on the ground
of Article 21 of the Constitution of India. It was noted
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there that out of 8 accused, 6 were already on bail. It was
also noted that the prosecution proposes to examine more
than 100 witnesses at the trial and the charges are yet to
be framed. Such situation continues to remain today.
Appellant stands in the same footing as the other 6 co-
accused already on bail.
11. In such circumstances, both on the ground of parity as
also on Article 21 of the Constitution of India, we grant
bail to Islam Chowdhury @ Islam.
12. Accordingly, it is directed appellant, Islam Chowdhury
@ Islam be released on bail upon furnishing a bond of
Rs.50,000/- (Rupees Fifty Thousand Only), with five
sureties of like amount each, two of whom must be local,
to the satisfaction of the learned Special Court Calcutta
under NIA Act on condition that the appellant shall
appear before the trial Court on every date of hearing and
shall not intimidate witnesses or tamper with evidence in
any manner whatsoever and on further condition that the
appellant while on bail shall not enter the Districts of
Birbhum and Paschim Bardhaman until further orders
except for attending Court proceedings. He shall reside
within the municipal limits of Kolkata and/or
Bidhnanagar Commissionerate and shall provide the
address where he shall presently reside to the
Investigating Officer as well as to the Court below and
shall report to Deputy SP, NIA, Kolkata once in a week
until further orders.
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13. In the event, he fails to appear before the trial Court
without justifiable cause, the trial Court shall be at liberty
to cancel his bail automatically without reference to this
Court.
14. Report submitted in Court be taken on record.
In re: C.R.A. (DB)/ 262 of 2023
15. CRAN 2 of 2024 is dismissed as not pressed on the
prayer made on behalf of the appellant in C.R.A. (DB)/
262 of 2023.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
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