Calcutta High Court affirms existing bail principles, holding that serious offences causing grievous injury and prima facie involvement preclude bail under Section 439 CrPC read with Section 483 BNSS 2023—binding on all subordinate courts in West Bengal.
Summary
| Category | Data |
|---|---|
| Case Name |
CRM(M)/1077/2025 of TAFIJUL MIA @ TAFEJUL MIA Vs STATE OF WEST BENGAL CNR WBCHCA0303962025 |
| Date of Registration | 16-07-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | REJECTED |
| Judgment Author | Hon’ble Justice Suvra Ghosh |
| Court | Calcutta High Court |
| Bench | Single Judge |
| Precedent Value | Affirms existing precedent |
| Overrules / Affirms | Affirms |
| Type of Law | Criminal Procedure – Bail under Section 439 CrPC read with Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Questions of Law | Whether bail should be granted to a non-principal assailant in a grievous hurt offence resulting in loss of an eye, based on prima facie involvement |
| Ratio Decidendi |
The court held that bail is to be granted only after considering the nature and gravity of the offence along with the prima facie role of the accused. Although the petitioner was not the principal assailant, he was a member of the gang that attacked the victim, leading to loss of an eye. Given the serious nature of the injury and the petitioner’s prima facie involvement, the court exercised its discretion under Section 439 CrPC and Section 483 BNSS 2023 to refuse bail. Mere non-principal status does not outweigh the gravity of offence or the evidence on record. The order reiterates that custodial bail in serious offences will be exceptional and must satisfy stringent criteria. |
| Facts as Summarised by the Court |
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Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in West Bengal |
What’s New / What Lawyers Should Note
- The court reaffirmed that membership in a gang inflicting grievous hurt (loss of an eye) suffices to refuse bail, even if the accused is not the principal assailant.
- Emphasises that the nature and gravity of the offence, combined with prima facie evidence, are determinative for bail under Section 439 CrPC and Section 483 BNSS 2023.
- Counsel should prepare to address both the severity of injury and the accused’s level of participation when arguing bail in serious offence cases.
Summary of Legal Reasoning
- The court reviewed materials on record to assess the nature and gravity of the offence.
- It noted that the petitioner, though not the principal assailant, was a gang member involved in an assault causing the victim to lose an eye.
- Under Section 439 CrPC and Section 483 BNSS 2023, bail is discretionary and contingent on factors like the seriousness of the offence and prima facie involvement.
- Given the grievous nature of the hurt and the petitioner’s participation, bail was refused as it did not meet the threshold for exceptional relief.
- The court returned the case diary and disposed of the bail application.
Arguments by the Parties
Petitioner
- The petitioner is not the principal assailant.
- He has been in custody for over 100 days and seeks release on bail.
State
- Opposes bail due to the serious nature of the offence and the victim’s grievous injury.
- Relies on prima facie evidence of petitioner’s role as a gang member.
Factual Background
The petitioner was arrested in connection with an FIR under Ratua Police Station Case No. 61 of 2025, dated 29.01.2025. He is alleged to have been part of a gang that assaulted the victim, resulting in the victim’s loss of one eye. The bail application under Section 439 CrPC read with Section 483 BNSS 2023 was heard after the petitioner spent over 100 days in custody.
Statutory Analysis
- Section 439 CrPC grants high courts discretion to release accused on bail, considering offence gravity and evidence.
- Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 aligns with CrPC bail principles but underscores citizen security and serious crime considerations.
- The court applied these provisions conservatively for offences involving grievous hurt.
Alert Indicators
- Precedent Followed – The court adhered to established principles on bail in serious offences.