High Court affirms existing bail principles, clarifying criteria under the new BNSS provision; binding on all subordinate courts in West Bengal.
Summary
| Category | Data |
|---|---|
| Case Name | CRM(M)/661/2025 of MURSHED SK @ IMRAN Vs STATE OF WEST BENGAL AND ANR |
| CNR | WBCHCA0257162025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | Hon’ble Justice Suvra Ghosh |
| Court | Calcutta High Court |
| Bench | Single Judge |
| Precedent Value | Binding on subordinate courts of the Calcutta High Court |
| Overrules / Affirms | Affirms existing precedent |
| Type of Law | Criminal Procedure Code; Bharatiya Nagrik Suraksha Sanhita, 2023 |
| Questions of Law | Whether bail under Section 439 CrPC read with Section 483 BNSS, 2023 is warranted where the victim is a major, the relationship was consensual, a charge sheet has been filed, and material on record does not justify continued detention. |
| Ratio Decidendi | Where parties are adults in a consensual relationship that later sours, and the victim refuses medical examination, and the charge sheet has been filed, continued detention is not justified and bail should be granted under Section 439 CrPC read with Section 483 BNSS. |
| Facts as Summarised by the Court | The petitioner and the victim engaged in a consensual relationship which later became acrimonious; the victim is a major and refused medical examination; the petitioner has been in custody for five months; charge sheet has been submitted; material does not justify further detention. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in the State of West Bengal |
What’s New / What Lawyers Should Note
- Clarifies that under Section 483 BNSS, 2023, bail may be granted in offences arising from consensual adult relationships where the victim refuses medical examination and the charge sheet is on record.
- Affirms that prolonged pre-trial custody without material justification post-charge sheet warrants the exercise of bail jurisdiction.
- Emphasizes the adult status of the victim and her refusal of medical examination as factors mitigating custodial concerns in bail applications.
Summary of Legal Reasoning
- The court observed that the parties were adults who had entered into a consensual relationship which later soured.
- It noted the victim’s status as a major and her refusal to undergo a medical examination throughout the investigation.
- The charge sheet had already been filed and the case diary contained no material justifying the petitioner’s continued detention.
- In exercise of its discretion under Section 439 CrPC read with Section 483 BNSS, 2023, the court held that further custody was unwarranted and granted bail.
Arguments by the Parties
Petitioner
- The relationship with the victim was consensual and both parties are adults.
- Continued detention, after filing of the charge sheet and absence of material justification, amounts to abuse of process.
State
- Opposed the bail application.
Defacto Complainant
- Opposed the bail application.
Factual Background
In January 2025, an FIR was registered at Kaliganj Police Station (No. 97/2025) following a dispute arising from a consensual relationship between two adults. The petitioner was arrested and remained in custody for approximately five months. The victim, a major, consistently refused medical examination. A charge sheet was filed, and the petitioner thereafter moved the High Court under Section 439 CrPC read with Section 483 BNSS, 2023 for bail.
Statutory Analysis
The court applied:
- Section 439 of the Code of Criminal Procedure (discretionary bail).
- Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (bail provisions for certain offences).
- The court held that, once the charge sheet is on record and no case-diary material justifies further detention—especially in a dispute from a consensual adult relationship—bail should be granted in the exercise of inherent judicial discretion.
Alert Indicators
- Precedent Followed – existing bail jurisprudence under CrPC and newly enacted BNSS provisions affirmed.