HEERA PATEL vs STATE OF CHHATTISGARH

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CGHC010276292026 2026:CGHC:44585
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 6875 of 2026
Heera Patel W/o Shri Balram Patel Aged About 41 Years R/o House No.
185, Ward No. 10, Village Math, Police Station Kharora, District- Raipur,
Chhattisgarh.
... Applicant(s)
versus
State Of Chhattisgarh Through - Station House Officer, Police Station
Kharora, District- Raipur, Chhattisgarh.
... Non-Applicant(s)
For Applicant : Ms. Sharmila Singhai, Senior Advocate
along with Mr. Sharad Prakash Yadav,
Advocate.
For Non-Applicant/State : Mr. Keshav Gupta, Govt. Advocate.
Hon'ble Mr. Rakesh Mohan Pandey, Judge
Order on Board
15/10/2026
1. The applicant has preferred this first bail application under Section
483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of
regular bail, as she has been arrested in connection with Crime No.
133/2026, registered at Police Station Kharora, District Raipur
(C.G.), for the offences punishable under Sections 103(1), 109(1)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. The prosecution case, in brief, is that on 04.03.2026, the

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complainant, Kuber Dhivar, lodged a report at Police Station
Kharora, District Raipur (C.G.), alleging that on the same day, at
about 1:30 p.m., his elder son Mohit Dhivar and younger son Kunal
Dhivar were celebrating Holi at Bajrang Chowk, Village Manth, by
playing colours, dancing and singing along with Uday Patel, Deva
Patel, Deva Verma, Kamal Narayan Yadav @ Raghav Yadav and
the complainant’s brother, Leeladhar Dhivar. At about 2:00 p.m.,
during the celebrations, a scuffle took place between Uday Patel
and Deva Patel, whereupon Mohit Dhivar, Kunal Dhivar, Deva
Verma, Kamal Narayan Yadav @ Raghav Yadav and Leeladhar
Dhivar intervened to pacify them. At that time, Rameshwar Patel,
the elder brother of Deva Patel, allegedly arrived at the spot
carrying a sharp-edged knife and started abusing them, alleging
that they had assaulted his brother. Upon seeing the knife, Uday
Patel fled from the spot. Thereafter, Rameshwar Patel allegedly
assaulted Mohit Dhivar with the knife, with the intention of causing
his death, inflicting injuries on his chest and both sides of his back.
He also allegedly inflicted injuries on the head and the left side of
the neck of Deva Verma.
Meanwhile, upon hearing the commotion, the present
applicant, Heera Bai Patel, allegedly arrived at the spot carrying a
sharp-edged sickle. She allegedly confronted Kamal Narayan
Yadav @ Raghav Yadav, accusing him of quarrelling with and
assaulting her son, Deva Patel and thereafter assaulted him with
the sickle, inflicting injuries on his chin, the left side of his neck and
chest, allegedly with the intention of causing his death.

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Subsequently, the injured persons were taken to the Government
Hospital, Kharora, for medical treatment, where Mohit Dhivar was
declared dead by the attending doctors. On the basis of the
complainant’s report, the police registered Crime No. 133/2026 on
04.03.2026 at Police Station Kharora, District Raipur (C.G.), for the
offences punishable under Sections 103(1), 109(1) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023. After completion of the
investigation, charge-sheet was filed before the competent Court on
29.05.2026.
3. Learned counsel appearing for the applicant, would submit that the
applicant has been falsely implicated in the present case and had
no role in the commission of the murder of Mohit Dhivar, which is
primarily attributed to the juvenile co-accused persons. It is
contended that, even according to the prosecution case, the
applicant arrived at the spot only after hearing the commotion and
that the only allegation against her is that she assaulted Kamal
Narayan Yadav @ Raghav Yadav with a sickle. She would further
submit that the injuries sustained by the said injured person are not
shown to be life-threatening and that the medical documents do not
disclose any deep-seated injury, vascular injury or significant
haematoma. In this regard, reliance is placed upon the CT scan of
the neck dated 04.03.2026, which records superficial post-
traumatic soft-tissue changes without deep-space extension,
vascular injury or significant collection of haematoma, as well as the
HRCT chest report, which does not disclose any significant
abnormality. It is further submitted that the injured was discharged

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from the hospital on 07.03.2026. She would further submit that the
occurrence took place suddenly during the Holi celebrations,
without any prior enmity, preparation or premeditated plan. The
applicant is a lady and has no criminal antecedents and has been in
judicial custody since 05.03.2026 and charge-sheet has already
been filed before the competent Court. Considering the nature of the
allegations attributed to the applicant, the medical evidence and the
period of custody, She prays that the applicant be enlarged on bail.
4. On the other hand, learned State counsel would oppose the prayer
for grant of bail and submit that, though the allegation of murder of
Mohit Dhivar is attributed to the co-accused persons but the
applicant has a specific and serious role in assaulting Kamal
Narayan Yadav @ Raghav Yadav with a sickle. It is contended that
the applicant allegedly came out of her house carrying the sickle
and inflicted injuries on vital parts of the injured person’s body,
including his neck and chest. He would further submit that the
injured person has made specific allegations against the applicant
in his statement recorded during investigation under Section 180 of
the BNSS. It is also submitted that the sickle seized during the
investigation was sent for forensic examination and the FSL report
confirms the presence of human bloodstains on the seized weapon.
Referring to the medical documents and the FSL report, he would
contend that the nature and location of the injuries, coupled with the
weapon allegedly used and the statement of the injured, prima facie
indicate the seriousness of the assault. Therefore, considering the
manner of commission of the alleged offence and the material

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collected during investigation, he prays for rejection of the bail
application.
5. I have heard learned counsel appearing for the parties and perused
the case diary, including the medical documents and the material
collected during investigation.
6. Admittedly, the death of Mohit Dhivar is attributed to the assault
allegedly committed by co-accused persons, whereas the present
applicant is alleged to have arrived at the spot subsequently and
assaulted Kamal Narayan Yadav @ Raghav Yadav with a sickle.
As per the allegations, the applicant inflicted injuries on the chin,
neck and chest of the injured. Perusal of the medical documents
reveals that the injured sustained an incised wound of his neck,
besides injuries on other parts of his body. Although the medical
documents do not specifically indicate that the injuries sustained by
the injured were life-threatening, at the same time, sight cannot be
lost of the fact that the injuries were allegedly inflicted on vital parts
of the body, particularly the neck and chest, by means of a sickle,
which is a sharp-edged weapon capable of causing serious bodily
harm. Further, the injured, in his statement recorded during
investigation, has specifically attributed the assault to the present
applicant. The prosecution has also relied upon the FSL report,
which indicates the presence of human blood on the seized sickle.
Thus, the specific allegations made by the injured, the nature and
location of the injuries, the weapon allegedly used and the forensic
material collected during investigation are relevant circumstances

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which cannot be ignored while considering the prayer for bail.
Although the applicant is a lady, has no criminal antecedents and
charge-sheet has already been filed, these circumstances, when
considered alongside the nature of the allegations and the material
available on record, do not justify her release on bail at this stage.
Having regard to the manner in which the alleged offence was
committed and the material collected against the applicant, this
Court is not inclined to grant bail to the applicant.
7. Accordingly, the bail application of the applicant, filed under
Section 483 of BNSS, involved in Crime No. 133/2026, registered
at Police Station Kharora, District Raipur (C.G.), for the offences
punishable under Sections 103(1), 109(1) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023., is rejected .
- S/- Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal