01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in connection with Crime No. 133/2026, registered for offences under Sections 103(1), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
¶ 1The prosecution alleged that, during a Holi gathering, co-accused persons fatally assaulted Mohit Dhivar, while the applicant arrived later and attacked Kamal Narayan Yadav with a sickle, injuring his chin, neck and chest.
¶ 2The injured person identified the applicant in a statement recorded during the investigation, and the FSL report found human blood on the seized sickle.
¶ 4, 6The applicant had been in custody since 5 March 2026; the charge-sheet was filed on 29 May 2026.
¶ 3–4She relied on her lack of criminal antecedents, the medical evidence and the allegedly non-life-threatening nature of the injuries.
¶ 3–402Issues
i.Whether the applicant should be granted regular bail under Section 483 of the BNSS, having regard to the allegations and material collected during the investigation.
¶ 1, 5–6ii.Whether the applicant’s personal circumstances—including her being a woman, having no criminal antecedents, and the filing of the charge-sheet—justified release despite the alleged assault with a sickle on the injured person’s neck and chest.
¶ 3, 603Law Applied
The application was considered under Section 483 of the BNSS, which provides the basis for the High Court’s consideration of regular bail.
¶ 1The alleged offences were under Sections 103(1), 109(1) and 3(5) of the BNS.
¶ 1The Court assessed the bail request by considering the nature and seriousness of the allegations, the specific material collected during investigation, the nature and location of the injuries, the alleged weapon, and the applicant’s circumstances.
¶ 6The Court cited no precedent.
Provisions in the judgment · 5 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 180
Bharatiya Nyaya Sanhita, 2023 Section 103Section 109Section 3
04Reasoning
The Court distinguished the applicant’s alleged conduct from the fatal assault on Mohit Dhivar, which was attributed to co-accused persons, but treated the separate allegation against the applicant as serious.
¶ 6The injured person specifically attributed the assault to her; the injuries included an incised wound to the neck, and the alleged use of a sickle raised concern because it was capable of causing serious bodily harm.
¶ 6The Court also considered the human-blood finding on the seized sickle.
¶ 6Although the injuries were not specifically described as life-threatening and the applicant had no antecedents, was a woman, and faced a completed investigation, the Court found those considerations insufficient to outweigh the allegations and supporting material at that stage.
¶ 3, 605Holding
The Court answered the bail issue against the applicant and rejected her application for regular bail under Section 483 of the BNSS in Crime No. 133/2026.
¶ 7Original Court PDF
HEERA PATELvsSTATE OF CHHATTISGARH
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