Summary
| Category | Data |
|---|---|
| Case Name | CRM(M) 1080 of 2025 (Saifuddin Goldar v. State of West Bengal) |
| CNR | WBCHCA0323772025 |
| 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 (BNS Act, 2023) |
| Ratio Decidendi |
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| Facts as Summarised by the Court |
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Summary of Legal Reasoning
- Prima facie material: The Court noted eyewitness testimony of the petitioner fleeing the scene, mobile‐tower data locating his phone at the time of the incident, and hotel booking in his name.
- Nature and gravity: The alleged offence—murder punishable under Sections 103/61(2) of the BNS Act—is “serious” and impacts the course of justice if prematurely bailed.
- Discretion under Section 483: Applying its inherent jurisdiction, the High Court held that bail should be denied where the record discloses believable evidence of involvement and the offence’s severity justifies continued custody.
- Conclusion: In light of the above, bail was refused to preserve investigatory integrity and ensure trial attendance.
Arguments by the Parties
Petitioner
- The prosecution case rests solely on circumstantial evidence without direct nexus linking him to the murder.
- The principal accused has been granted bail, suggesting parity in treatment.
State
- The petitioner allegedly arranged the murder by hiring the principal accused, who then engaged two others.
- An independent witness saw him fleeing; his Aadhaar was used to book the hotel.
- Mobile‐tower data places his phone at the crime scene at the relevant time, creating prima facie involvement.
Factual Background
In early September 2024, a body was discovered in a hotel parking lot booked with the petitioner’s Aadhaar. The FIR under Sections 103 and 61(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 accused the petitioner of hiring the principal accused for a contract killing, who then involved two others. Eyewitnesses reported seeing the petitioner and two accomplices flee immediately after the incident, and mobile‐tower records corroborated his presence at the scene. The principal accused had obtained bail, prompting the petitioner’s Section 483 application.
Statutory Analysis
- Section 483, BNS Act, 2023: Confers the High Court with inherent power to grant or refuse bail.
- The Court reaffirmed that this power is exercised sparingly—bail must be denied where credible material demonstrates involvement and the offence’s seriousness.