Bail Rejected for Knife Assault on Vital Organ Despite Alleged Simple Injury and No Fatal Outcome

The applicant, Shalu Ansari, was arrested on November 20, 2025, in connection with Crime No. 1064/2025.

On November 15, 2025, the applicant allegedly lured the complainant to Purana Tehsil Chowk, verbally abused him, and attacked him with a knife with the intent to cause death.

The applicant argued that the injuries were simple/potential and that there was a delay in lodging the FIR.

The prosecution presented a CT scan report showing grievous stab wounds on the left side of the complainant’s chest and confirmed the recovery of the weapon.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the nature of the injuries and his criminal antecedents.

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail.

Substantive charges were examined under Sections 296 (Obscene acts and songs), 351(2) (Criminal intimidation), and 109(1) (Attempt to murder/Punishment of abetment) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The court relied on the principle that bail may be refused based on the gravity of the offence, the use of a deadly weapon, the risk of repetition of offences, and the involvement of vital body parts in an assault.

The court examined the medical evidence, specifically the CT scan report, which contradicted the applicant's claim of "simple injury" by revealing grievous stab wounds on the left side of the chest— a vital organ.

The court noted that the weapon (knife) had been recovered directly from the applicant.

Despite the applicant’s assertion of a clean record, the State demonstrated that the applicant had previous criminal antecedents.

The court reasoned that the intentional nature of the attack, the seriousness of the injuries, and the likelihood of the applicant committing similar offences weighed heavily against the grant of bail, notwithstanding the filing of the charge-sheet.

The High Court held that it was not a fit case for regular bail due to the gravity of the offence and the use of a deadly weapon.

The trial court was directed to proceed with and conclude the trial expeditiously, and the office was instructed to communicate the order for compliance.