Can High Courts Grant Bail Under Section 439 CrPC Read With Section 483 BNSS Act When Injuries Are Non-Serious and a Charge-Sheet Has Been Filed Despite Criminal Antecedents?

Yes. The Calcutta High Court reaffirmed that bail under Section 439 CrPC read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 may be granted if the material on record does not justify continued detention—even when antecedents exist—and held the order as binding on subordinate courts.

Summary

What’s New / What Lawyers Should Note

• Clarifies that under Section 483 of the BNSS Act, 2023 (read with Section 439 CrPC) bail may be granted once the charge‐sheet is filed if the material does not justify detention.
• Emphasises that non‐serious injuries and completed investigation weigh heavily in favour of bail.
• Affirms that mere criminal antecedents cannot indefinitely bar bail when no further custodial interrogation is required.
• Reinforces that High Court bail orders under Section 483 BNSS Act bind subordinate courts.
• Provides a succinct judicial template for drafting bail applications under the new BNSS framework.

Summary of Legal Reasoning

1. Material on Record: The court examined the case‐diary and noted that the charge‐sheet had been filed and that further interrogation was unnecessary.
2. Nature of Injury: Injuries were found to be non‐serious, reducing the need for prolonged custody.
3. Criminal Antecedents: Although antecedents existed, they were deemed insufficient to justify continued detention in light of other factors.
4. Statutory Harmony: The court read Section 483 BNSS Act in conjunction with established CrPC bail jurisprudence, stressing that inherent power must protect individual liberty.
5. Discretionary Bail: Exercising its discretion under Section 439 CrPC, the High Court granted bail subject to conditions to ensure attendance and prevent tampering.

Arguments by the Parties

Petitioner

• Custody exceeded fifty days without necessity for further interrogation.
• Injuries were non‐serious; charge‐sheet already submitted.
• Continued detention would be an abuse of process despite antecedents.

State

• Opposed bail, citing the petitioner’s criminal antecedents.

Factual Background

Goutam Mathur was arrested on 29.04.2021 in connection with Naihati Police Station Case No.192/2021 and remained in custody for over fifty days. The injured party’s wounds were assessed as non‐serious, and the charge‐sheet had already been filed. An application for bail under Section 439 CrPC read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was filed before the Calcutta High Court, whereupon the State opposed relief on grounds of antecedents.

Statutory Analysis

• Section 439 CrPC: Empowers High Courts to grant bail in non‐bailable offences.
• Section 483 BNSS Act, 2023: Confirms continued jurisdiction for bail after charge‐sheet filing, aligning with CrPC principles.
• Judicial Approach: The court held that Section 483 must be construed harmoniously with CrPC bail jurisprudence to avoid undue deprivation of liberty.

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