Can inconsistencies between injury reports and witness statements justify bail under Section 439 CrPC and Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023?

 

Summary

Category Data
Case Name CRM(M)/977/2025 of GOUTAM MAHATO Vs STATE OF WEST BENGAL
CNR WBCHCA0307192025
Date of Registration 05-07-2025
Decision Date 18-08-2025
Disposal Nature ALLOWED
Court Calcutta High Court
Judge HON’BLE JUSTICE SUVRA GHOSH
Bench Single Judge
Overrules / Affirms Affirms existing principles on bail where evidence does not support the charge
Type of Law Criminal Law
Questions of Law
  • Whether bail under Section 439 CrPC and Section 483 BNSS 2023 should be granted where the injury report shows a road accident and witnesses are not examined.
Ratio Decidendi

The High Court held that the injury report from SSKM Hospital categorically showed head injuries resulting from a fall off a moving bike, not an offence by the petitioner.

Statements under Section 164 CrPC were unsupported by the injury and post-mortem records.

The companion who brought the victim to hospital was neither examined nor cited in the charge-sheet.

In light of these evidentiary gaps, continued detention was not required and bail was granted under Section 439 CrPC read with Section 483 BNSS 2023.

Logic / Jurisprudence / Authorities Relied Upon by the Court
  • The court relied on the medical injury report, the absence of examination or citation of a key witness (Rohit Somaddar), and the inconsistency between the Section 164 statements and the medical records.
Facts as Summarised by the Court

The victim sustained head injuries by falling from a running bike as per the SSKM Hospital report dated 18-03-2025.

The charge-sheet under Sections 109/117(2)/126(2)/3(5) BNS and added Section 103 BNS was filed without examining a key witness.

Statements under Section 164 CrPC were not corroborated by the medical evidence.

What’s New / What Lawyers Should Note

  • Injury reports indicating an accident can undermine Section 164 CrPC statements to secure bail.
  • Failure to examine or cite key witnesses in the charge-sheet strengthens bail petitions.
  • Courts may grant bail under Section 483 BNSS 2023 when medical evidence contradicts criminal allegations.

Summary of Legal Reasoning

  1. The Court reviewed the SSKM Hospital injury report: head injuries from a bike-fall, classified as a road traffic accident.
  2. Noted that Rohit Somaddar, who brought the victim to hospital, was neither examined by the I.O. nor listed in the charge-sheet.
  3. Found that statements recorded under Section 164 CrPC lacked support from the injury report and the post-mortem.
  4. Concluded that these evidentiary inconsistencies meant further detention of the petitioner was unnecessary.
  5. Exercised discretion under Section 439 CrPC read with Section 483 BNSS 2023 to grant bail.

Arguments by the Parties

Petitioner

  • The injury report showed an accident, not an offence by the petitioner.
  • The key witness (Rohit Somaddar) was neither examined nor cited in the charge-sheet.
  • Continued detention would be an abuse of process given the evidentiary gaps.

State

  • Opposed the prayer for bail without presenting counter-evidence.

Factual Background

Goutam Mahato was arrested in connection with Murutia PS Case No. 57/2025 under Sections 109, 117(2), 126(2), 3(5) BNS and added Section 103 BNS. The victim sustained head injuries from falling off a moving bike, per the SSKM Hospital report dated 18-03-2025. The victim’s companion, Rohit Somaddar, was not examined or cited. A charge-sheet was filed, and the petitioner remained in custody for about 150 days before applying for bail.

Statutory Analysis

  • Considered bail under Section 439 CrPC alongside Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Examined the consistency of statements under Section 164 CrPC with medical evidence.
  • Emphasized the court’s discretion to grant bail where further detention serves no purpose.

Alert Indicators

  • ✔ Precedent Followed

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