Calcutta High Court (Appellete Side)
Karimul Khan @ Karibul Khan vs The National Investigating Agency on 9 June, 2025
Author: Debangsu Basak
Bench: Debangsu Basak
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CRA (DB) 108 of 2025
2025:CHC-AS:979-DB
IN THE HIGH COURT AT CALCUTTA
CRIMINAL APPELLATE JURISDICTION
Present:
The Hon'ble Justice Debangsu Basak
And
The Hon'ble Justice Md. Shabbar Rashidi
CRA (DB) 108 of 2025
Karimul Khan @ Karibul Khan
Vs.
The National Investigating Agency
For the Appellant : Mr. Sabyasachi Banerjee, Ld. Sr. Advocate
Mr. Biswajit Manna, Advocate
For the NIA : Mr. Arun Kumar Maiti (Mohanty), Spl. PP, NIA
Mr. Bhaskar Prosad Banerjee, Spl. PP, NIA
Mr. Debashis Tandon, PP, NIA
Ms. Deeba Nishat Nomani, PP, NIA
Heard & Judgment on : June 9, 2025
DEBANGSU BASAK, J.:-
1.
This is an appeal under Section 21(4) of the National Investigation
Agency Act, 2008 in connection with NIA Special Case No.5 of 2024
which arose out of NIA Crime No.RC 16/2024/NIA/DLI dated
08.10.2024 under Section 288 of the Bharatiya Nyaya Sanhita read
with Sections 3/4/5 of the Explosives Substances Act.
2. Appeal is directed against an order rejecting the prayer for bail made
by the appellant.
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CRA (DB) 108 of 2025
2025:CHC-AS:979-DB
3. Appeal is under Section 21(4) of the National Investigation Agency Act,
2008.
4. Department reports that the appeal is within time and in form.
5. Appeal was initially taken up for hearing on April 9, 2025. It was
adjourned from time to time. Appeal is taken up for final hearing
today.
6. Learned Senior Advocate appearing for the appellant submits that,
National Investigating Agency (NIA) submitted a charge sheet where,
the appellant is not accused of any subversive activity against the
State. He submits that, small quantities of explosives are alleged to be
recovered from the possession of the appellant. He submits that, the
appellant is in custody since September, 2024 without a possibility of
the trial commencing any time soon. He relies upon an order dated
March 19, 2025 passed in CRA (DB) 310 of 2024 and submits that, a
Coordinate Bench granted bail in a police case involving the Explosives
Substances Act. He relies upon an order dated October 17, 2023
passed in CRA (DB) 262 of 2023 by another Coordinate Bench
involving the National Investigation Agency Act, and submits that in
both the cases bail was granted.
7. Learned Advocate appearing for the NIA submits that, the
investigations are yet to be concluded. On instructions and in
response to a query of the Court, he submits that, NIA would be in a
position to submit charge sheet by the first week of July, 2025. He
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2025:CHC-AS:979-DB
submits that, NIA is exploring the possibility of existence of nexus
between the appellant and Maoist. He points out that, further
investigations led to implicate other persons in the incident.
8. Apparently, explosives substance was recovered from the possession of
the appellant. NIA took over investigation and submitted a charge
sheet. The charge sheet involves, inter alia, the Explosives Substances
Act. The so-called Maoist connection with the appellant is not
apparent as on date from the materials in the case diary, attention of
which was drawn to the Court. Maoist connection is also not
apparent with the incident. Charge sheet submitted does not say so.
9. Investigations are yet to be concluded.
10. Coordinate Bench in CRA (DB) 262 of 2023 granted bail to a person
accused of dealing in explosives. Another Coordinate Bench in CRA
(DB) 310 of 2024 granted bail to an accused involved in a police case of
11. Appellant appears to be a carrier of the explosive substances. NIA is
not alleging that the carriage of the explosives by the appellant was for
unlawful activities as defined under the Unlawful Activities (Prevention)
Act, 1967. Restrictions imposed under the Act of 1967 are not
attracted in the facts and circumstances of the present case.
12. Given the period of custody of the appellant and the materials
presently available in the case diary regarding the involvement of the
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CRA (DB) 108 of 2025
2025:CHC-AS:979-DB
appellant and the fact that, the investigations are yet to be concluded,
we deem it appropriate to enlarge the appellant on bail.
13. Accordingly, it is directed appellant 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. He shall reside within the municipal limits of
Kolkata and/or Bidhannagar Commissionerate and shall provide the
address where he shall presently reside to the Investigating Officer as
well as to the jurisdictional Court and shall report to SP, NIA, Kolkata
once in a week until further orders.
14. 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.
15. The prayer for bail of the appellant is allowed.
16. CRA (DB) 108 of 2025 is disposed of.
(Debangsu Basak, J.)
17. I agree.
(AD) (Md. Shabbar Rashidi, J.)
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