Supreme Court grants bail to TMC’s Anubrata Mondal, but he remains in custody—Here’s why

The Supreme Court of India on Tuesday granted bail to Trinamool Congress (TMC) leader Anubrata Mondal in the cattle smuggling case. Arrested by the Central Bureau of Investigation (CBI) and in jail for over two years, Mondal was released as the court acknowledged that the investigation would require additional time. Anubrata Mondal had been sent to Tihar Jail on March 21, 2023.

While granting bail, the Supreme Court bench of Justices Bela M Trivedi and Satish Chandra Sharma directed Anubrata Mondal to cooperate with the investigation and surrender his passport.

However, the TMC leader will remain in jail, as the Enforcement Directorate (ED) also arrested him in the same case in November 2022.

Senior advocate Mukul Rohatgi, representing TMC leader Anubrata Mondal, argued that Mondal has been jailed for nearly two years since his arrest on August 11, 2022, while all other accused are out on bail. Rohatgi stated that he lacked access to the English version of the charge sheet. He said the charge sheet consisted of over one lakh pages, with over 10,000 pages in Bengali.

In the response, the bench suggested that Rohatgi handle the translation himself, noting that the case involves 309 witnesses and is unlikely to conclude soon.

The Calcutta High Court denied Anubrata Mondal's bail plea in January last year, citing ongoing investigations into his alleged illegal wealth accumulation.

The court argued that granting bail could negatively impact the morale of the witnesses and the collection of evidence.

At the time, TMC Anubrata Mondal had prayed for bail, stating that he had been in custody for a long time. 

Mondal had served as the President of Birbhum District Trinamool Congress.

Opposing Anubrata Mondal's bail plea, the CBI accused the TMC leader of using his political influence to assist cattle smuggler Enamul Haque. The agency alleged that Mondal facilitated the illegal transportation of cattle through the Birbhum and Murshidabad districts of West Bengal to Bangladesh, securing wrongful gains in the process.

The CBI reports that in addition to ₹48.06 crore in assets, they have discovered property worth ₹29.5 crore linked to cattle smuggling since December. Meanwhile, the Enforcement Directorate (ED) has identified assets totalling ₹77.56 crore obtained through proceeds from cattle smuggling.