CENTRAL BUREAU OF INVESTIGATIONversusSEKH JAMIR HOSSAIN AND ORS.

                [2025] 5 S.C.R. 1014 : 2025 INSC 788

                   Central Bureau of Investigation
                                 v.
                    Sekh Jamir Hossain and Ors.
                    (Criminal Appeal No. 2880 of 2025)
                                29 May 2025
              [Vikram Nath and Sandeep Mehta,* JJ.]


                           Issue for Consideration
       The respondents herein were granted bail by the High Court for
       the offences punishable u/ss.143, 144, 147, 148, 149, 427, 326,
       376 r/w ss.511 and 34 of IPC, 1860.

                                 Headnotes†
       Bail – After the results of Assembly elections in the State
       of West Bengal, a gang of miscreants attacked the house of
       complainant – Assailants vandalized and looted the house of
       complainant – The wife of complainant was molested – Local
       police refused to lodge FIR and advised complainant to leave
       the village – Numerous incidents with like allegations took
       place in the State after the elections – The High Court directed
       CBI to investigate all the cases where the allegations of
       murder, rape or crime against women were involved – FIR was
       registered – Respondents-accused were arrested – However,
       the High Court granted bail – Correctness:
       Held: Allegations against the accused respondents are so grave
       that the same shake the conscience of the Court – Furthermore,
       there is an imminent propensity of the accused persons adversely
       affecting the proceedings of the trial – The concerted attack on
       the complainant’s house was launched on the day of election
       results with the sole objective of wreaking vengeance because he
       had supported the saffron party – There is prima facie material to
       establish that the accused persons formed an unlawful assembly
       and launched a concerted attack on the house of the complainant
       vandalising the same and looting away the household articles –
       The complainant’s wife was viciously pulled by the hair and was
       disrobed – The accused persons were about to assault her sexually

* Author
[2025] 5 S.C.R.                                                             1015

    Central Bureau of Investigation v. Sekh Jamir Hossain and Ors.


     when the lady gathered courage to pour kerosene on her body and
     gave a threat of self-immolation on which the accused persons
     including the respondents herein fled away from the complainant’s
     house – The charge-sheet has been filed way back in the year 2022
     and till date, the trial has not budged an inch – The prosecution
     has alleged that this delay is mostly attributable to non-cooperation
     by the accused persons including the respondents herein which
     fact is palpably established from record – Therefore, there is
     no possibility of a fair and impartial trial being conducted, if the
     accused respondents are allowed to remain on bail – Thus, on
     both counts, i.e., (i) the nature and gravity of the offence which is
     nothing short of an attack on the roots of democracy and (ii) the
     imminent likelihood of the accused adversely affecting a fair trial,
     the bail granted to the accused respondents has to be cancelled –
     Impugned orders reversed – Bail cancelled – Trial court directed
     to expedite the trial. [Paras 14, 17-22]
     Bail – Considerations for grant of bail vis-à-vis cancellation
     thereof – Entirely different – Discussed. [Para 13]

                                List of Acts
     Penal Code, 1860.

                             List of Keywords
     Assembly elections of West Bengal; Ruling dispensation; Vandalising
     property; Crime against women; Terrorize the members of the
     opposite political party; Grave attack on the roots of democracy;
     Refusal to lodge FIR; CBI investigation; Accused adversely affecting
     a fair trial; Cancellation of bail.

                            Case Arising From
     CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
     2880 of 2025
     From the Judgment and Order dated 24.01.2023 of the High Court
     at Calcutta in CRM(DB) No. 56 of 2023
     With
     Criminal Appeal No. 2881 of 2025
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                                    Appearances for Parties
       Advs. for the Appellant:
       Vikramjeet Banerjee, A.S.G., Mukesh Kumar Maroria, Ms. Srishti
       Mishra, Abhishek Singh, Shubhendu Anand, Veer Vikrant Singh,
       Raman Yadav.
       Advs. for the Respondents:
       S. Hariharan, Ms. Bhavana Duhoon.

                       Judgment / Order of the Supreme Court

                                                 Judgment

       Mehta, J.

1.     Heard.
2.     Leave granted.
3.     These two appeals take exception to the orders dated 24th January,
       2023 and 13th April, 2023 passed by the learned Division Bench of High
       Court at Calcutta1 whereby the respondents in both the appeals were
       granted bail in connection with FIR bearing No. RC0562021S0051
       dated 16th December, 2021 registered at CBI/SCB/Kolkata Police
       Station for the offences punishable under Sections 143, 144, 147,
       148, 149, 427, 326, 376 read with 511 and 34 of Indian Penal Code,
       18602.
4.     Succinctly stated, the facts as narrated in the FIR are that the incident
       in question took place on 2nd May, 2021 just after the announcement
       of results of the Assembly elections in the State of West Bengal. The
       complainant claims to be a follower of Hindu religion. It is alleged that
       the majority of the villagers residing in the village of the complainant,
       namely, Gumsima, PO Jatra belong to the other community and
       are the supporters and workers of the ruling dispensation. The
       complainant alleged that being in minority, he was unable to carry
       on his religious pursuits in the village. The complainant and few
       more villagers gathered courage and started campaigning for the


1    Hereinafter, referred to as “High Court”.
2    Hereinafter, referred to as “IPC”.
[2025] 5 S.C.R.                                                            1017

     Central Bureau of Investigation v. Sekh Jamir Hossain and Ors.


       Bharatiya Janta Party prior to the Assembly elections in the State
       of West Bengal, thereby drawing the wrath of the supporters of the
       ruling dispensation who threatened that he and his family members
       would be harmed. Before the elections, a bomb was thrown at his
       tea stall. On the evening of 2nd May, 2021 i.e., the date on which
       election results were announced, a gang of miscreants led by Sekh
       Mahim s/o Sekh Jalil, a leader belonging to the ruling dispensation
       from village Gumsima, PO Jatra gathered together and started
       throwing bombs towards the house of the complainant. It is alleged
       that around 40 to 50 miscreants, who were heavily armed, launched
       an offensive on his house. The assailants were carrying weapons
       like sticks, knives, iron rods, revolvers, etc. and started assaulting
       the complainant and his family members. The complainant’s house
       was totally vandalized and looted by the accused persons. The wife
       of the complainant was grabbed by hair, her clothes were snatched
       away, and she was forcibly undressed. The assailants indulged in
       molesting the complainant’s wife by inappropriately touching her
       private parts. In order to save herself, the complainant’s wife poured
       kerosene oil on her person and threatened that she would set fire
       to herself on which the miscreants left the spot. The complainant,
       his wife and their two children somehow escaped from the village
       to save their lives and approached the Sadaipur Police Station on
       the next day, to lodge a complaint in respect of the incident dated
       2nd May, 2021. The officer-in-charge of the police station did not
       accept the complaint and advised the complainant to leave the village
       to save his and his family’s life.
5.     This Court has been apprised that numerous incidents with like
       allegations took place in the aftermath of the election results in the
       State of West Bengal. It is a common grievance that the local police
       refused to lodge the FIRs on which a number of writ petitions3 came
       to be filed in the High Court at Calcutta. The High Court by order
       dated 19th August, 2021 directed the Central Bureau of Investigation4
       to investigate all the cases where the allegations involved murder
       and/or crime against women regarding rape/attempt to rape. Acting in



3    WPA(P) Nos. 142, 143, 144, 145, 146, 147, 148, 149, and 167 of 2021.
4    Hereinafter, referred to as “CBI”.
1018                                                          [2025] 5 S.C.R.

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      furtherance of the above direction, FIR bearing No. RC0562021S0051
      dated 16th December, 2021 came to be registered at CBI/SCB/Kolkata
      Police Station for the offences punishable under Sections 143, 144,
      147, 148, 149, 427, 326, 376 read with 511 and 34 of IPC in connection
      with the incident which took place at the house of the complainant.
6.    The accused respondents in both the appeals came to be arrested
      on 3rd November, 2022 and were remanded to judicial custody. After
      investigation, a charge-sheet has been filed by the CBI against a
      number of assailants including the respondents herein for the offences
      punishable under Sections 34, 148, 149, 326, 354, 511 read with
      376D and 450 of IPC.
7.    The respondents applied for bail5 in the High Court which accepted
      their applications vide orders dated 24 th January, 2023 and
      13th April, 2023 which are subject matter of challenge in these appeals
      by special leave.
8.    We have heard and considered the submissions advanced by Mr.
      Vikramjeet Banerjee, learned Additional Solicitor General representing
      the appellant-CBI and Mr. S. Hariharan, learned counsel representing
      the accused respondents.
9.    Mr. Vikramjeet Banerjee, learned Additional Solicitor General
      representing the appellant-CBI submitted that the High Court granted
      bail to the respondents on totally extraneous considerations. The
      fact remains that there is no possibility of a fair trial being conducted
      because the respondents are politically influential and they even
      managed to prevent the registration of the FIR in respect of such
      ghastly crimes. The FIR in the present case could be registered that
      too by the CBI only after the High Court intervened in the matter
      and passed directions to register the FIRs vide judgment dated
      19th August, 2021. The CBI was directed to investigate all the cases
      where the allegations involved the crime of murder and/or crime
      against women regarding rape/attempt to rape. In furtherance of the
      directions given by the High Court, the CBI registered the instant
      FIR and with great degree of difficulty, the accused persons were
      arrested and charge-sheet could be filed in the matter.


5    CRM(DB) No. 56 of 2023 and CRM (DB) No. 1249 of 2023.
[2025] 5 S.C.R.                                                     1019

    Central Bureau of Investigation v. Sekh Jamir Hossain and Ors.


10. He urged that the respondents are influencing the trial and are not
    letting the proceedings to be continued. On numerous dates of
    hearing, the accused respondents have failed to appear before the
    trial Court, which is struggling to even frame the charges against
    the accused respondents. He further submitted that the accused
    respondents were specifically named in the statement of the
    complainant and the victim lady, and as such, looking to the nature
    and gravity of the allegations and the propensity of the accused
    respondents to abscond and/or adversely affect the proceedings of the
    trial and the imminent probability of the witnesses being threatened
    and tampered, the High Court should have refrained from granting
    bail to the accused respondents.
11. Per contra, learned counsel representing the respondents, being
    the accused persons, opposed the submissions advanced by
    Mr. Banerjee. He contended that the High Court has analysed the
    factual matrix in an apropos manner while distinguishing the case
    of the respondents and enlarging them on bail. The fact remains
    that neither in the highly belated FIR nor in the statement of the
    witnesses recorded by the Investigating Officer, any specific role
    has been assigned to the respondents herein and thus, there is no
    justification for entertaining these appeals and interfering with the
    well-reasoned order passed by the High Court granting bail to the
    respondents. He thus, implored the Court to dismiss the appeals.
12. We have given our thoughtful consideration to the submissions
    advanced at the bar and have gone through the material placed
    on record.
13. 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 mis-representation; 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.
1020                                                      [2025] 5 S.C.R.

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14. Having regard to the facts enumerated above, we feel that the present
    one is a case wherein the allegations against the accused respondents
    are so grave that the same shake the conscience of the Court.
    Furthermore, there is an imminent propensity of the accused persons
    adversely affecting the proceedings of the trial. It is undisputed that
    the complainant approached the Sadaipur Police Station on 3rd May,
    2021 for registering a complaint in respect of incident dated 2nd May,
    2021, but the officer-in-charge refused to register the FIR conveying
    that he and his family members should go away from the village for
    their own safety. Apparently, this approach of the local police lends
    credence to the apprehension of the complainant about the clout
    and influence which the accused respondents bear over the locality
    and even the police.
15. The FIR in the present case came to be registered only upon
    intervention by the High Court vide judgment dated 19th August, 2021
    in a batch of writ petitions, directing the CBI to investigate all the
    cases where the allegations involve crime of murder and/or crime
    against women regarding rape/attempt to rape.
16. Mr. Banerjee had submitted that even the officers of the CBI were
    not receiving the required cooperation from the local police and thus,
    culmination of the investigation took almost one and a half years.
17. Having gone through the contents of the FIR, we find that there
    is hardly any scope for distinguishing the case of the respondents
    and that of the accused to whom the specific allegation of disrobing
    the complainant’s wife is attributed. The concerted attack on the
    complainant’s house was launched on the day of election results with
    the sole objective of wreaking vengeance because he had supported
    the saffron party. This is a grave circumstance which convinces us
    that the accused persons including the respondents herein were
    trying to terrorize the members of the opposite political party whom
    the accused respondents were supporting. The reprehensible manner
    in which the incident was perpetrated shows the vengeful attitude
    of the accused persons and their avowed objective to subdue the
    supporters of the opposite party into submission by hook or by crook.
    The dastardly offence was nothing short of a grave attack on the
    roots of democracy.
[2025] 5 S.C.R.                                                       1021

    Central Bureau of Investigation v. Sekh Jamir Hossain and Ors.


18. There is prima facie material to establish that the accused persons
    formed an unlawful assembly and launched a concerted attack on
    the house of the complainant vandalising the same and looting
    away the household articles. The complainant’s wife was viciously
    pulled by the hair and was disrobed. The accused persons were
    about to assault her sexually when the lady gathered courage to
    pour kerosene on her body and gave a threat of self-immolation on
    which the accused persons including the respondents herein fled
    away from the complainant’s house.
19. The charge-sheet has been filed way back in the year 2022 and
    till date, the trial has not budged an inch. The prosecution has
    alleged that this delay is mostly attributable to non-cooperation by
    the accused persons including the respondents herein which fact is
    palpably established from record.
20. In this background, we feel that there is no possibility of a fair and
    impartial trial being conducted, if the accused respondents are allowed
    to remain on bail. Thus, on both counts, i.e., (i) the nature and gravity
    of the offence which is nothing short of an attack on the roots of
    democracy and (ii) the imminent likelihood of the accused adversely
    affecting a fair trial, the bail granted to the accused respondents has
    to be cancelled.
21. Consequently, the impugned orders dated 24th January, 2023 and
    13th April, 2023 deserve to be and are hereby reversed. The bail
    granted to the accused respondents by the High Court is accordingly
    cancelled. The accused respondents shall surrender before the
    trial Court within two weeks from today, failing which, the trial Court
    shall adopt coercive measures to secure their presence. Upon
    surrendering/being arrested, the accused respondents shall be
    remanded to custody.
22. The trial Court shall expedite the proceedings and will try to conclude
    the trial within a period of six months from the date of receipt of a
    copy of this order. In case, any stay orders have been passed on the
    proceedings before the trial Court by any higher forum including the
    High Court, the same shall be deemed to have been vacated. The
    Home Secretary, State of West Bengal and the Director General of
    Police, State of West Bengal shall ensure that proper protection is
1022                                                       [2025] 5 S.C.R.

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     provided to the complainant and all other material witnesses so that
     they can freely appear and depose at the trial without any fear or
     apprehension. Any violation of the above direction may be reported to
     this Court by the appellant-CBI or the complainant for suitable action.
23. Additionally, the observations made in this judgment and in the
    orders of the High Court shall not prejudice the trial in any manner.
24. The appeals are allowed in these terms.
25. Pending application(s), if any, shall stand disposed of.


     Result of the case: Appeals allowed.




     †
         Headnotes prepared by: Ankit Gyan