After 5 months in jail, CAA application leads to release of Bangladeshi woman who came to Bengal when she was a baby

JALPAIGURI: Last year on Aug 24, 19-year-old Jabarani Sarkar was arrested by Cooch Behar police for being an illegal Bangladeshi immigrant. Friday last, the Calcutta High Court granted her bail after police confirmed they had wrapped up the probe and Jabarani had applied for Indian citizenship under the CAA.

After being in custody for over 5 months, she finally walked out of prison on Tuesday night.


Jabarani's travails, however, began much earlier. Originally from Lalmonirhat in Bangladesh, her father came to India with her in 2007 when she was barely 6-month-old and left her at her uncle's house in Jalpaiguri's Dhupguri. "My father felt Hindus, especially girls and women, were not safe in Bangladesh, so he left me at my uncle's house," Jabarani said.

In 2025, when Jabarani turned 18, she was married to Debashis Sarkar, a Sitalkuchi resident. But in late Aug, the couple was arrested. Jabarani was charged under the Foreigners Act, and Debashis was arrested for harbouring an illegal Bangladeshi. A month later, Debashis was granted bail.

While Jabarani was in jail, her husband learned about the possibility of her release roughly 6 months ago. He applied for her Indian citizenship under the CAA and sought bail at the Jalpaiguri circuit bench of the Calcutta High Court.

In her order on Friday, Justice Suvra Ghosh said, "It appears that the petitioner married co-accused Debashis Sarkar and applied for registration as a citizen of India under Section 6B of the Citizenship Act, 1955. The application is pending. The charge sheet is submitted. Her further detention is not required for the purpose of custodial interrogation. She may be released on bail."

However, given that she is not yet an Indian citizen, the high court imposed specific bail conditions. The court ruled that 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 ACJM in Mathabhanga.

It took a few more days for Debashis to arrange bail bonds. "It feels very good to see her in my house after so many days," he said. "Jabarani is now out on bail. We will soon file for the quashing of the case, as the CAA clearly states that the cut-off date for entry into India is Dec 31, 2014, which allows individuals to stay in India even without valid documents," said Subhankar Dutta, her lawyer.