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The Calcutta High Court recently granted bail to one Monotosh Dey @ Mona Da accused of conspiring to wage war against Government of India with Bangladeshi nationals who were active members of the terrorist organization Ansarullah Bangla Team (ABT).

The bench of Justice Bivas Pattanayak and Joymalya Bagchi ordered Dey to be released on bail upon furnishing a bond of Rs.50,000 noting that the trial in the case is still pending and Dey has already been behind bars for almost four and half years. 

Court said, "We are conscious of the statutory restriction engrafted under Section 43D(5) of the UAPA in the matter of grant of bail. However, while considering bail, a constitutional Court is required to be alive of the fundamental right to speedy trial of an accused enshrined under Article 21 of the Constitution."

"Infraction of fundamental right due to inordinate delay in trial resulting protracted under trial detention is in the nature of constitutional wrong and in appropriate cases an accused may be released on bail", Court added. 

Dey was apprehended by a Special Task Force attached to Kolkata Police in November 2017 along with two Bangladeshi nationals viz., Samsad Mia @ Tushar Biswas @ Tanvir @ Saiful and Riajul Islam @ Suman @ Riaz who are members of Ansarullah Bangla Team, a proscribed terrorist organisation in Bangladesh.

As per the prosecution case, the Bangladeshi nationals had illegally entered India to negotiate purchase of arms and ammunitions. Investigation into the electronic devices of the arrested persons, and custodial interrogation of one other accused Umar Farooque @ Mahi revealed that the team had gone to various places in India for collecting chemicals for preparation of bombs and explosives.

Notably, on Dey's pointing, a large volume of arms and ammunitions including a bottle of chloroform was recovered. Thereafter, against Dey, charges were framed under Section 120B of the Indian Penal Code and Section 18 of the Unlawful Activities (Prevention) Act and under Sections 25(1A)/25(1B)(a)/29 of the Arms Act.

Case Title: Monotosh Dey @ Mona Da v. State