Supreme Court Cancels Bail in Election-Era Mob Attack, Orders Surrender and Expedited Trial

A bench of Justices Vikram Nath and Sandeep Mehta heard appeals by the Central Bureau of Investigation challenging two Calcutta High Court orders of 24 January and 13 April 2023 which had granted bail to several accused in FIR RC0562021S0051 arising from a violent incident on 2 May 2021. The appeals concerned allegations of an organised attack on a villager and his family soon after West Bengal Assembly election results were declared, including grave charges of assault, vandalism, looting and attempted sexual assault.

The Court allowed the appeals, held that the bail granted by the High Court required cancellation, and directed the accused to surrender within two weeks and be remanded to custody. The Court emphasised that bail and cancellation of bail involved different considerations and that intervention was justified where prima facie the allegations were “so grave that the same shake the conscience of the Court” and where there was an imminent likelihood of the accused adversely affecting a fair trial. The Court, in its reasoning, observed: “Law is well-settled by a catena of decisions of this Court that the considerations for grant of bail and cancellation thereof are entirely different. Bail once granted to the accused should normally not be interfered with/cancelled unless there exist circumstances giving rise to an inference that the bail has been procured by practicing fraud or misrepresentation; that the allegations against the accused are so grave that the same have an adverse impact on the society at large and shake the conscience of the Court; that releasing the accused respondents on bail is likely to create a sense of fear and terror amongst the society or that the accused while on bail may abscond or tamper with the prosecution evidence.” The Court observed further that “the bail granted to the accused respondents has to be cancelled” in view of the facts of the case and directed measures to secure witness protection and an expedited trial.

Background The FIR alleged that on 2 May 2021, a mob of some 40–50 persons attacked the house of the complainant in Gumsima village after he campaigned for a rival political party. The complainant alleged that assailants armed with sticks, knives and firearms vandalised and looted his home, assaulted family members, and violently attempted to disrobe and sexually assault his wife, who threatened self-immolation to save herself. The complainant and his family fled and the local police allegedly refused to register a complaint on 3 May 2021, advising them to leave the village. In August 2021 the Calcutta High Court directed the CBI to investigate cases involving murder and crimes against women arising after the election results; the CBI subsequently registered FIR RC0562021S0051 and filed a charge-sheet in 2022.

The accused were arrested in November 2022 and obtained bail from the Division Bench of the High Court in January and April 2023. The CBI challenged those bail orders before the Supreme Court. The CBI argued that the accused were politically influential, had impeded registration of the FIR, interfered with investigation and trial, and that there was a real danger of witness tampering and absconding. The respondents contended that the High Court had taken an appropriate view of the evidence and that no specific role had been attributed to them in initial statements.

The Supreme Court reviewed the material, observed prima facie material indicating formation of an unlawful assembly and a concerted politically-motivated attack, and concluded that the nature and gravity of the offence and the likelihood of the accused adversely affecting the trial warranted cancellation of bail. The Court directed the accused to surrender within two weeks or face coercive steps, ordered remand upon surrender/arrest, and instructed the trial court to endeavour to conclude trial within six months from receipt of the order. The Court also directed the Home Secretary and Director General of Police, West Bengal, to ensure protection for the complainant and material witnesses, and declared that any stay orders impeding trial by higher forums shall be deemed vacated. The appeals were allowed and pending applications disposed of.

Case Details: Case No.: 2025 INSC 788; Criminal Appeal Nos. 2880 & 2881 of 2025 (Arising out of SLP (Crl.) Nos. 10538 & 15160 of 2023) Case Title: Central Bureau of Investigation v. Sekh Jamir Hossain and Ors. Appearances: For the Petitioner(s): Mr. Vikramjeet Banerjee, Learned Additional Solicitor General (representing CBI) For the Respondent(s): Mr. S. Hariharan, Advocate (representing the accused respondents)