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Synopsis

On Friday, the Delhi High Court granted bail to Sehegal Hossain, a personal security officer of Anubrata Mondal. Hossain faced allegations of involvement in cattle smuggling, collection of illegal payments, and laundering proceeds of crime through various channels. Investigations indicated that significant sums of money were deposited in the bank accounts of Hossain and his associates, suggesting their participation in the smuggling operation.

The bench of Justice Neena Bansal Krishna held, “Looking at his antecedents, he is not a flight risk, and he has deep roots in the Society, having been in the employment of the Govt. The evidence being essentially documentary, is not likely to be tampered or the witnesses influenced”. 

In April 2018, the Central Bureau of Investigation (CBI) initiated a preliminary inquiry against Satish Kumar, Md. Enamul Haque, and others to uncover illegal cattle smuggling from India to Bangladesh, wherein bribes were allegedly paid to Border Security Force (BSF) personnel stationed at the border. The CBI claimed that Enamul Haque paid Rs. 2000 per cattle to BSF officials and Rs. 500 to customs officers, along with 10% of the auction price from successful bidders, including Haque.

Sehegal Hossain, identified as a constable and personal security officer to Anubrata Mondal, faced accusations of involvement in cattle smuggling, collection of illegal payments, and laundering proceeds of crime through various channels. Investigations revealed that substantial amounts of money were deposited in the bank accounts of Hossain and his associates, further indicating their involvement in the smuggling operation.

Despite his assertions of innocence and denial of involvement, Hossain was found to have accumulated disproportionate assets, significantly exceeding his known sources of income. Witness statements further implicated him in facilitating illegal activities and managing financial transactions on behalf of the co-accused, Anubrata Mondal. The trial had not commenced, and investigations remained ongoing, with over 85 witnesses yet to be examined. Hossain sought bail on the grounds of prolonged detention; however, the prosecution contended that his release could impede the investigation and result in witness tampering.

The court made several observations regarding personal liberty and bail provisions under the Constitution of India. It emphasized that Article 21 guarantees the personal liberty of every individual, which could only be curtailed through due process of law. The principle that "bail is the rule and jail is the exception" was reiterated referring to the case of Vijay Nair vs. Directorate of Enforcement (SLP (Crl.) No. 22137 of 2024). The foundational presumption of criminal law is that an individual is considered innocent until proven guilty.

Referring to the case of Masroor v. State of Uttar Pradesh and Another (2009 SCC OnLine SC 903), the court highlighted the necessity for courts to balance the individual's valuable right to liberty against the larger interest of society. 

The Bail Application under Section 45 of the Prevention of Money Laundering Act (PMLA) was to be decided by considering the special nature of money laundering offences. Citing Saumya Chaurasia v. Directorate of Enforcement (2023 SCC OnLine SC 1674), the court reiterated that Section 45(1) of PMLA mandated that the accused must meet two conditions: (i) the public prosecutor must be given an opportunity to oppose the bail application, and (ii) the court must be satisfied that there are reasonable grounds to believe that the accused is not guilty of the offence and is unlikely to commit any further offences while on bail.

The court referencing the case of Manish Sisodia vs. Central Bureau of Investigation (2023 SCC OnLine SC 139), affirmed that the right to liberty under Article 21 of the Constitution is a fundamental right, even in cases with stringent provisions from special laws. The court held that prolonged incarceration before a guilty verdict should not amount to punishment without trial, asserting that the fundamental right of liberty under Article 21 supersedes statutory restrictions and reaffirming that "bail is the rule and refusal is the exception."

The court noted that the allegations against Hossain pertained to facilitating illegal cattle smuggling by providing authoritative support and leveraging his connections as a police officer affiliated with an influential political leader, co-accused Anubrata Mondal. He aided in procuring stray cattle from markets, collected cash on behalf of Mondal, and laundered proceeds of crime. Hossain was also implicated in the predicate offence but had been granted bail in that case by this Court.

Given Hossain’s background, he was deemed not to be a flight risk and had established deep roots in society due to his government employment. The evidence was predominantly documentary, making it unlikely to be tampered with or for witnesses to be influenced.

Ultimately, the court granted bail to Hossain under the following conditions:
“a. the Applicant is directed to furnish a personal bond in the sum of Rs. 5,00,000/- and one surety of the like amount to the satisfaction of the learned Trial Court; 
b. the Applicant shall appear before the Court as and when the matter is taken up for hearing; 
c. the Applicant shall provide his mobile number to the IO concerned, which shall be kept in working condition at all times and he shall not change the mobile numbers without prior intimation to the Investigating Officer concerned; 
d. the Applicant shall inform the IO and the Jail Superintendent the address where he shall be available in Delhi; 
e. the Applicant shall not leave the country without prior permission of the learned Trial Court; 
f. the Applicant shall not try to contact, threaten or influence any of the witnesses of this case; and 
g. the Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with the witnesses”. 

Recent Updates: 

On September 10, the high court granted bail to Sukanya Mondal, the daughter of Trinamool Congress leader Anubrata Mondal, concerning her involvement in the cattle smuggling case. The bench, presided over by Justice Neena Bansal Krishna, noted that the Supreme Court had previously granted bail to Anubrata Mondal in July 2024, citing the unlikelihood of the trial commencing soon.

The high court stated, “As has been observed in the context of this case itself while deciding the bail of Anubrata Mondal (Supra), the documents involved were voluminous, and the trial might take a long time to conclude… Considering the totality of the circumstances as narrated above, the Applicant was admitted to regular bail.”

Case Title: Sehegal Hossain v Directorate Of Enforcement (2024:DHC:7700)