High Court clarifies bail entitlement under BNSS, 2023 post-charge sheet submission and victim discharge, reaffirming release once custodial necessity ceases.
Summary
| Category | Data |
|---|---|
| Case Name | C.R.M. (M) 1068 of 2025 |
| CNR | WBCHCA0323362025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | Hon’ble Justice Suvra Ghosh |
| Court | Calcutta High Court |
| Bench | Single-judge bench |
| Type of Law | Criminal Procedure (Bail under BNSS, 2023) |
| Questions of Law | Whether bail under Section 483 of BNSS, 2023 is warranted once the victim is discharged and no further custodial interrogation is required |
| Ratio Decidendi | Upon discharge of the victim and submission of the charge sheet, in the absence of any requirement for further custodial interrogation, bail should be granted subject to conditions |
| Facts as Summarised by the Court | Petitioner was held as principal assailant inflicting grievous hurt, in custody for about 100 days; the victim was discharged; charge sheet has been submitted |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Release justified by cessation of custodial necessity after completion of investigation |
What’s New / What Lawyers Should Note
- Bail under Section 483 BNSS, 2023 may be granted once the victim is discharged and the charge sheet is filed, even if the State opposes.
- Court held that further detention is not required where custodial interrogation has ceased.
- Standard bail conditions: bond of ₹10,000, two sureties of like amount (one local), regular appearance, and prohibition against witness intimidation or evidence tampering.
Summary of Legal Reasoning
- Petitioner in custody for approximately 100 days; State opposed bail application.
- Court noted that the victim had been discharged from the hospital and the charge sheet was submitted.
- Held that no further custodial interrogation was necessary for investigation.
- Balanced the rights of the accused against the ends of justice, finding detention beyond this point unwarranted.
- Directed release on bail with appropriate conditions to secure trial attendance and prevent interference.
Arguments by the Parties
Petitioner
- Custody exceeded 100 days without ongoing need for custodial interrogation.
- Victim discharged and investigation complete.
State
- Opposed bail on the ground that the offence involved grievous hurt and the petitioner was the principal assailant.
Factual Background
The petitioner was arrested in connection with Md. Bazar P.S. Case No. 35 of 2025 (FIR dated 28.01.2025) under Sections 329(3), 115(2), 117(2), 109, 351(2), and 3(5) of the BNSS, 2023, for alleged grievous hurt inflicted on a female victim. After approximately 100 days in custody and the victim’s discharge from hospital, the charge sheet was filed. An application under Section 483 BNSS, 2023 for bail was moved before the Calcutta High Court.
Statutory Analysis
- Section 483 of the BNSS, 2023 provides for bail applications when the accused is in custody.
- The Court interpreted that once the victim is discharged and the charge sheet is submitted, the custodial interrogation purpose ceases, triggering entitlement to bail.