Calcutta High Court Grants Bail to Bangladeshi Immigrant Following CAA Citizenship Application
In a significant legal development, the Calcutta High Court has granted bail to Jabarani Sarkar, a 19-year-old woman who was arrested last year as an illegal Bangladeshi immigrant. The decision came after police confirmed the completion of their investigation and her application for Indian citizenship under the Citizenship Amendment Act (CAA).
Arrest and Custody Details
Jabarani Sarkar was arrested by Cooch Behar police on August 24 last year on charges of being an illegal immigrant from Bangladesh. She remained in custody for over five months before being released on Tuesday night, following the high court's bail order issued on Friday. Her husband, Debashis Sarkar, was also arrested in late August for harboring an illegal immigrant but was granted bail a month later.
Background and Family History
Jabarani's journey to India began in 2007 when her father brought her from Lalmonirhat in Bangladesh to Jalpaiguri's Dhupguri area. At just six months old, she was left at her uncle's house due to her father's concerns about the safety of Hindus, particularly girls and women, in Bangladesh. In 2025, after turning 18, she married Debashis Sarkar, a resident of Sitalkuchi, which led to their subsequent arrests.
Legal Proceedings and Bail Conditions
While in jail, Jabarani applied for Indian citizenship under the CAA, with her husband initiating the process about six months ago. In her order, Justice Suvra Ghosh noted that the charge sheet had been submitted and further detention was unnecessary for custodial interrogation. However, since Jabarani is not yet an Indian citizen, the court imposed specific bail conditions. She must furnish a bond of Rs 10,000 with two sureties of a like amount, one of whom must be local, to the satisfaction of the ACJM in Mathabhanga.
Post-Bail Developments and Future Plans
It took a few days for Debashis to arrange the bail bonds, but he expressed relief at having Jabarani home. Her lawyer, Subhankar Dutta, stated that they plan to file for the quashing of the case, citing the CAA's provision that allows individuals who entered India by December 31, 2014, to stay even without valid documents. This case highlights the complexities of immigration and citizenship laws in India, particularly under the CAA framework.
