The Calcutta High Court recently rejected an application for anticipatory bail in a case involving serious physical assault. The order was delivered by Hon’ble Justice Jay Sengupta in CRM(A) 2414 of 2025.
The petitioners sought pre-arrest bail in connection with Galsi Police Station Case No. 137 of 2025, dated March 6, 2025. The case was registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNS), 2023, including Sections 126(2), 115(2), 117(2), 109(1), 76, and 351(2).
The petitioners’ counsel argued that the case involved mutual allegations and that no grievous injuries had been sustained by any party. However, the de-facto complainant’s lawyer strongly opposed the bail plea. She presented a government hospital discharge certificate indicating that one victim had suffered a splenic laceration and undergone surgery to remove the spleen.
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The State counsel also opposed the bail application. He referenced witness statements recorded before a magistrate and medical reports. Initially, the case diary provided to the State did not include the discharge certificate. It was only after the Investigating Officer was directed to bring the original diary that the document was produced.
Considering the incriminating materials available in the case diary and the copy of the Discharge Certificate showing serious injury inflicted on vital parts of the body of the victim, I do not consider this to be a fit case to grant anticipatory bail.
The court expressed concern over the incomplete case diary initially submitted. It noted that the omission of critical documents like the discharge certificate was unfortunate. The court left it to the appropriate authorities to decide whether an inquiry should be conducted into the matter.
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The bail application was rejected. A copy of the order was directed to be sent to the Director General of Police (DGP), West Bengal, by special messenger. Certified copies were made available to the parties upon completion of formalities.
The court’s decision underscores the seriousness with which courts view cases involving vital organ injuries and the necessity of complete and transparent evidence from investigating agencies.
Case Title: In Re: An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 / under Section 438 of the Code of Criminal Procedure. In the matter of: AAA & Ors. ... Petitioners
Case Number: C.R.M.(A) 2414 of 2025
