Institute of Legal and Management Studies

The Supreme Court on Thursday(May 29) set aside the orders of the Calcutta High Court granting bail to five accused in a rioting and attempt to rape case relating to post-poll violence in West Bengal.

The respondents Sekh Jamir, Sekh Nurai, Sekh Asraf @ Sk Rahul @ Asraf, Jayanta Dome and Sekh Kabirul are accused of vandalizing the complainant's house, assaulting him, and attempting to rape his wife in relatiation of the accused campaigning for the Bharatiya Janata Party (BJP). The case pertains to an incident that allegedly took place on 2 May 2021, the date of announcement of the Assembly election results in West Bengal.

A bench of Justice Vikram Nath and Justice Sandeep Mehta, considering CBI's appeal, observed that the allegations in the case were serious and had the effect of shaking the conscience of the Court.

“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”, said the Court.

It found that the attack on the complainant's house was a concerted act of vengeance against his political support for the BJP.

“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 Court described the incident as an attack on the roots of democracy.

“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.”

It observed that the local police's refusal to register the complaint supported the complainant's apprehension regarding the influence of the accused in the locality.

“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”, the Court observed.

The Court allowed the appeals filed by the Central Bureau of Investigation against the bail orders passed by the High Court on 24 January 2023 and 13 April 2023.

The appeals arose from and FIR dated 16 December 2021, registered at the CBI/SCB/Kolkata Police Station for offences under Sections 143, 144, 147, 148, 149, 427, 326, 376 read with 511 and 34 of the IPC.

The complainant, a Hindu resident of Gumsima village, PO Jatra, alleged that he was threatened for supporting the BJP in a village dominated by supporters of the ruling party in West Bengal. A bomb was allegedly thrown at his tea stall before the elections.

On 2 May 2021, a mob of about 40 to 50 people, led by Sekh Mahim, allegedly attacked his house with bombs, sticks, knives, iron rods, and revolvers. The complainant and his family were allegedly assaulted, their house looted and vandalised, and his wife disrobed and molested.

When she poured kerosene on herself and threatened to set herself on fire, the attackers fled. The complainant alleged that the next day, he went to Sadaipur Police Station, but the officer-in-charge told him to leave the village for his safety.

The FIR was registered by the CBI following directions issued by the Calcutta High Court on 19 August 2021 in a batch of writ petitions alleging police inaction in post-poll violence cases. The High Court had directed the CBI to probe all cases involving murder and crimes against women relating to rape or attempt to rape.

The accused-respondents were arrested on 3 November 2022 and remanded to judicial custody. The CBI later filed a charge sheet under Sections 34, 148, 149, 326, 354, 511 read with 376D and 450 of the IPC. The High Court granted them bail, which was challenged in the present petitions before the Supreme Court.

The Supreme Court observed that the law on bail and cancellation of bail was settled – Bail once granted should not ordinarily be cancelled unless certain conditions were met, such as fraud in obtaining bail, grave allegations that shock the conscience of the Court, potential for the accused to abscond or tamper with evidence, or the possibility of creating fear in society.

The Court held that there was no significant distinction between the role of the accused respondents and others who had been accused of disrobing the complainant's wife.

The Court said there was prima facie material to show that the accused formed an unlawful assembly, vandalised the house, looted it, and attempted to sexually assault the complainant's wife. It noted that the trial had not moved forward since the filing of the charge-sheet in 2022, and attributed the delay to the accused respondents' non-cooperation.

The Court held that the nature and gravity of the offence, along with the likelihood of the accused interfering with a fair trial, warranted cancellation of bail. It accordingly reversed the High Court's bail orders dated 24 January 2023 and 13 April 2023.

The Court directed the accused to surrender before the trial court within two weeks, failing which coercive steps must be taken to secure their presence. On surrender or arrest, they are to be remanded to custody.

The trial court was directed to complete the trial within six months of receiving the order, and any stay on the proceedings stands vacated. The Home Secretary and DGP of West Bengal were directed to provide protection to the complainant and material witnesses, with any violation to be reported to the Supreme Court by the CBI or the complainant.

Case no. – Criminal Appeal No. 2880 of 2025 and connected case

Case Title – Central Bureau of Investigation v. Sekh Jamir Hossain and Ors. and connected case

Citation : 2025 LiveLaw (SC) 651

Click here to read the judgment