Calcutta High Court has granted bail to Kuntal Ghosh, a suspended TMC leader, who is accused of corruption in the hiring process for primary school teachers. This is his first offense.
The Calcutta High Court has granted bail to Kuntal Ghosh, who is accused of corruption in the hiring process for primary school teachers. The court noted that he is a first-time offender. Kuntal Ghosh, a suspended member of the TMC Youth Wing, faced charges from the CBI under various sections of the Prevention of Corruption Act, 1988, and the Indian Penal Code. Justice Suvra Ghosh stated that Ghosh is nearing the one-third mark of the maximum imprisonment period as per the 2023 Act. It was acknowledged that he has no prior convictions. The judge mentioned that due to the evidence that needs to be reviewed, completing the trial within the required timeframe is unlikely. Denying the bail request now and allowing it later would be pointless. The judge emphasized that Article 21 of the Constitution and section 479 of the 2023 Act should be interpreted together.
Advocate Joydeep Biswas represented Ghosh, while Advocate Phiroze Edulji represented the opposing side. Ghosh was arrested in 2023 after the Enforcement Directorate (ED) filed an Enforcement Case Information Report (ECIR) in 2022, following a CBI FIR. He is accused of helping with illegal teacher recruitments for financial gain. The ED’s third complaint linked him to collecting Rs. 3.25 crores from 325 candidates and Rs. 16 crores for arranging illegal jobs.
The Petitioner stated that he had been in custody for around twenty-two months without a trial, and the investigation against him was already finished. The Enforcement Directorate (ED) opposed the bail request, highlighting the Petitioner’s supposed involvement in illegal recruitment and claiming he played a direct role in facilitating unlawful appointments. The ED argued that economic crimes are serious offenses that impact public administration and trust, thus requiring a different approach to bail. The High Court noted that the Petitioner had been in custody for about one-third of the maximum sentence under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court mentioned that the issue of the Petitioner’s continued detention was previously addressed by the Hon’ble Division Bench in C.R.M. (DB) 681 of 2024, which determined that further detention was necessary to protect the ongoing investigation into the Petitioner’s connections with Board officials and to trace the proceeds of crime linked to him and other influential individuals. The Hon’ble Division Bench also acknowledged the complaint in this case.
As a result, the Court stated, “The right to life and personal liberty under Article 21 of the Constitution is fundamental and essential. A constitutional Court cannot deny bail to an accused solely based on restrictive laws if it finds that the accused’s rights under Article 21 have been violated. Even when interpreting strict penal laws, a constitutional Court must favor constitutional principles and the rule of law, which includes liberty.” Therefore, the High Court granted the Bail Application.
Cause Title: Kuntal Ghosh v. Enforcement Directorate Kolkata Zonal Office-II
Appearance:
Petitioner: Advocates Joydeep Biswas, Mrityunjoy Chatterjee, Debroop Majumder, Kaushik Ghosh and Victor Chatterjee
Respondent: Advocates Phiroze Edulji and Anamika Pandey
