Manoj Ghosh v. National Investigation Agency

25-26. 31.03.2026 Court No.8 (Tanmoy)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION CRA (DB)/132/2024 IA NO: CRAN/1/2025, CRAN/3/2025 WITH CRA (DB)/262/2023 In Re: An application for relaxation / modification of the conditions of bail.

Mr. Milon Mukherjee, Sr. Adv.

Mr. Alokesh Dalai Ms. Sawant Chanda ...for the applicant.

Mr. Arun Kumar Maiti (Mohanty), Spl. PP, NIA Mr. Bhaskar Prosad Banerjee, Spl. PP, NIA Mr. Debayan Sen, Spl. PP, NIA Mr. Debashish Tandon, PP, NIA Ms. Deeba Nomani ...for UOI (NIA).

Dictated by Arijit Banerjee, J.

In Re: IA NO: CRAN/1/2025

1. This application has become infructuous and accordingly, IA No: CRAN/1/2026 stands disposed of.

In Re: IA NO: CRAN/3/2025 In the matter of : MANOJ GHOSH

2. The applicant was granted interim bail on February 11, 2025. The order of interim bail was confirmed on April 24, 2025 on the same terms and conditions on which interim bail was granted.

3. The applicant had approached a co-ordinate Bench for relaxation of conditions of bail. By an order dated August 4, 2025, such prayer was refused.

4. Subsequently, the applicant approached this Bench by filing IA No: CRAN/3/2025 being the present application. By an order dated January 7, 2026, as an interim measure, we had permitted the applicant to visit his residence at Birbhum for a period of seven days (between January 9, 2026 to January 16, 2026) on certain conditions. The applicant complied with that order. The National Investigation Agency (NIA) has no complaint or grievance in that regard. It is not the case of NIA that the applicant did not adhere to the conditions of bail stipulated by us.

5. Now, the applicant says that he has been away from his home in Birbhum since July 10, 2023, when he was first arrested. Almost two years and nine months have elapsed. He prays for relaxation of the condition of bail restraining him from entering the district of Birbhum.

6. We have heard learned Counsel for the parties. Nobody knows when the trial will begin or conclude since, we are told, for whatever reason, charge is yet to be framed. April 9, 2026 is the next date before the learned Trial Court.

7. Since there is no adverse report against the applicant as regards compliance with the conditions of bail, taking a humanitarian view, we are of the opinion that the applicant may be allowed to enter and reside in the district of Birbhum post May 10, 2026, i.e. after declaration of the ensuing Assembly Election results.

8. Accordingly, we relax the conditions of bail to the extent that the applicant, after May 10, 2026, will be entitled to enter

and reside in the district of Birbhum. To that extent, the condition of bail confining the applicant to the jurisdiction of Bidhannagar, is waived.

9. We further modify the conditions of bail as follows: i) The applicant shall report to the Officer-in-Charge, Nalhati Police Station, once in a fortnight.

ii) The applicant will appear before the learned Trial Court on each and every date of hearing.

iii) The applicant shall co-operate in the matter of framing of charge.

iv) The applicant shall not make any attempt to intimidate, influence or tamper with evidence in any manner whatsoever.

v) The NIA Authority will be at liberty to keep a vigil upon the applicant and monitor his phone calls. vi) The applicant will be entitled to use only two mobile phone numbers after disclosing the same to NIA.

vii) The applicant shall not carry on any kind of business involving explosives.

10. The conditions of bail specified in the order dated February 11, 2025, stand modified to the extent mentioned hereinabove. If the applicant fails to comply with any of the conditions as imposed upon him, the order of bail shall stand cancelled without any further reference to this Court.

11. Since voting in the ensuing Assembly Elections in the district of Birbhum is scheduled to be held on April 23, 2026, the

applicant will be entitled to make a day-trip to his hometown in Birbhum to exercise his franchise.

12. We clarify that the applicant shall go to and come back from Birbhum on the same day i.e. April 23, 2026.

13. The application being IA No: CRAN/3/2025 is accordingly disposed of.

(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)