Rita Mondal And ANR. v. State Of West Bengal
09.01.2026 Court No.28 Item No.267 tbsr Allowed CRM (R) 164 of 2025 In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sunderban Coastal P.S. case No.212 of 2024 dated 30.08.2024 under Section 14 of the Foreigners Act, 1946.
And In the matter of: Rita Mondal & Anr.
....Petitioners.
Mr. Tarunjyoti Tewari Ms. Kausiki Bose ....for the petitioners Ms. Anasuya Sinha, ld. APP Ms. Puja Goswami ....for the State Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are the Bangladeshi nationals who out of fear of religious prosecution had entered into India in 2024. By a notification dated 1st September, 2025, the Ministry of Home Affairs had decided to exempt any person of minority community in Afganistan, Bangladesh and Pakistan who had entered into India on or before 31st December, 2024 from the provisions of sub-sections (1), (2) and (3) of Section 3 of the Immigration and Foreigners Act, 2025 and Rules 7, 8 and 9 of the Rules. Therefore, the present case under Section 14 of the Foreigners Act would not stand against the present petitioners. The petitioners may be granted bail on any condition. Learned counsel appearing on behalf of the State opposes the prayer for bail. She submits that two of the co-accused belonging to minority community in Bangladesh pleaded guilty, but
two others belonging to the majority community in Bangladesh had absconded after obtaining interim bail. Three children who were intercepted have been pushed back to Bangladesh. Considering above, the materials available in the case diary and the notification as referred to above, I am inclined to grant bail to the petitioners.
Accordingly, I direct that the petitioner nos. 1 and 2, namely, Rita Mondal and Subrata Mondal shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned CJM, Alipore and on further condition that the petitioners shall attend the trial Court regularly, shall intimate their place of residence in India and their mobile phone number to the Investigating Officer and when in India, shall not leave the jurisdiction of the learned trial Court without permission. The application for bail is, accordingly, allowed. Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.
(Jay Sengupta, J.)