Calcutta High Court reaffirms discretionary bail where the accused has no nexus to the offence and the victim fails to identify him—persuasive authority in criminal bail proceedings
Summary
| Category | Data |
|---|---|
| Case Name | CRM(M)/1082/2025 of ROKY HAZRA @ ROKI HAZRA Vs STATE OF WEST BENGAL |
| CNR | WBCHCA0324162025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | HON’BLE JUSTICE SUVRA GHOSH |
| Court | Calcutta High Court |
| Bench | Single Judge |
| Precedent Value | Persuasive authority in bail applications under BNS 2023 |
| Type of Law | Criminal law – bail under Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Questions of Law | Whether lack of victim identification and minimal complicity justify grant of bail under Section 483 |
| Ratio Decidendi |
The High Court granted bail after noting that the victim could not identify the petitioner in her 164 CrPC statement and he was not placed in a T.I. parade. The petitioner had no direct nexus with the alleged offence, which was committed by the principal accused. The court observed that the petitioner had been in custody for over three months, the charge sheet had already been filed, and his extent of complicity was minimal. In these circumstances, the court held that continued detention would amount to an abuse of process and that bail was warranted in the exercise of its inherent powers under Section 483. |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Consideration of material on record and extent of petitioner’s complicity |
| Facts as Summarised by the Court | The victim was taken to an isolated place and ravished by the principal accused; she had a consensual relationship with him but could not identify the petitioner, who was not placed in a T.I. parade. |
Practical Impact
| Category | Impact |
|---|---|
| Persuasive For | Trial Courts and other High Courts in bail petitions under BNS 2023 |
What’s New / What Lawyers Should Note
- The inability of the victim to identify the accused in her Section 164 statement can be a decisive factor in granting bail.
- Minimal complicity and lack of nexus with the principal offence support the exercise of inherent bail jurisdiction.
- The filing of the charge sheet and prolonged pre-trial detention (over three months) bolster the case for bail.
Summary of Legal Reasoning
- The court examined the complainant’s statement under Section 164 CrPC and noted that she did not identify the petitioner.
- It observed that the petitioner was not placed in a T.I. parade, weakening the prosecution’s case against him.
- The petitioner had been in custody for over three months, and the charge sheet had already been filed—factors favoring bail.
- On the extent of the petitioner’s complicity, the court found no direct nexus to the principal offence committed by another accused.
- Inherent powers under Section 483 BNS 2023 were exercised to prevent abuse of process and ensure justice.
Arguments by the Parties
Petitioner
- The victim did not name or identify him in her Section 164 statement.
- He has no nexus with the alleged offence.
- He has been in custody for more than three months.
State & Victim
- Opposed the bail petition without specific legal submissions recorded in the order.
Factual Background
The petitioner was arrested in connection with Palashipara PS Case No. 182/2025 under Section 70(1) of the BNS 2023. The victim alleged that the principal accused took her to an isolated location and ravished her. Although the victim had a prior consensual relationship with the principal accused, she failed to identify the petitioner, who was not included in the T.I. parade. A charge sheet was filed, and the petitioner remained in custody for over three months before seeking bail.
Statutory Analysis
- Section 483 BNS, 2023: Inherent power of the High Court to grant bail in appropriate cases.
- Section 70(1) BNS, 2023: Defines the offence for which the bail application was made.
Alert Indicators
- ✔ Precedent Followed – affirming that lack of identification and minimal complicity justify bail.