Bail application under Section 483 BNS 2023 rejected based on gravity of offence, dying declaration via eyewitness, and weapon recovery; upholds strict approach for bail under the new Sanhita
Summary
| Category | Data |
|---|---|
| Case Name | CRM(M)/940/2025 of SANJIT BISWAS @ KHUDE Vs STATE OF WEST BENGAL |
| CNR | WBCHCA0301592025 |
| Date of Registration | 02-07-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | REJECTED |
| Judgment Author | Hon’ble Justice Suvra Ghosh |
| Court | Calcutta High Court |
| Bench | Single-Judge |
| Type of Law | Criminal procedure – Bail under BNS 2023 |
| Questions of Law | Whether bail under Section 483 of the BNS 2023 can be granted when materials show the accused’s substantive involvement in a fatal assault |
| Ratio Decidendi |
The court must assess bail applications under Section 483 by examining the nature and gravity of the offence and the strength of prima facie evidence. A dying declaration or eyewitness account, coupled with recovery of the weapon from the accused’s premises, constitutes strong material against grant of bail. Where those factors prima facie demonstrate substantive involvement in a fatal assault, bail cannot be granted as a matter of course. |
What’s New / What Lawyers Should Note
- Emphasis on the court’s reliance on an eyewitness account (the victim’s wife) in a bail application under Section 483.
- Recovery of the alleged weapon from the accused’s premises is treated as strong prima facie material.
- Reinforcement that gravity of offence remains a dominant factor for bail under the new Sanhita.
Summary of Legal Reasoning
- The court examined the material on record, including the FIR lodged by the deceased before succumbing to injuries.
- The wife of the deceased, as an eyewitness, specifically named the petitioner as having dealt the fatal blow.
- The offending weapon was recovered from the petitioner’s house, reinforcing the linkage.
- Considering the gravity of the offence and clear prima facie involvement, the court refused bail under Section 483 at this stage.
Arguments by the Parties
Petitioner
- In custody for about nine months.
- Not the principal assailant.
- Charge-sheet has been filed.
- Seeks bail on humanitarian grounds.
State
- Opposes bail application.
Factual Background
The petitioner was arrested in connection with Krishnaganj Police Station Case No. 462 of 2024 under Sections 329(3)/117(2)/118(2)/103/3(5) of the BNS 2023. The FIR was lodged by the victim before he died, naming one accused and indicating others’ involvement. The victim’s wife, present at the incident, identified the petitioner as the person who dealt the fatal blow. Investigators recovered the alleged weapon from the petitioner’s residence. The petitioner has been in custody for nine months and applied for bail under Section 483.
Statutory Analysis
- Bail application was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- The court applied established criteria—nature and gravity of offence, strength of prima facie material—without expanding or narrowing the text of the provision.
Alert Indicators
- ✔ Precedent Followed – existing bail principles under the new Sanhita affirmed.