01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 140/2026, registered under Sections 296, 351(3), 115(2), 121(1), 132, 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, as identified in the order.
¶ 1The prosecution alleged that the applicant and co-accused Manoj Bhuiya were carrying teak logs when they encountered Forest Guard Pintu Malakar, abused and threatened him, and threw a teak log at him, causing injuries.
¶ 2The applicant argued that the principal allegation of assault was against the co-accused, that she had no criminal antecedents, and that the charge-sheet had been filed; she had been in custody since 11 August 2026.
¶ 3The State opposed bail, relying on the alleged common intention and the seriousness of the injuries.
¶ 402Issues
i.1. Whether the applicant was entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in light of the allegations and the material in the case diary?
¶ 1, 5–8ii.2. Whether the seriousness of the injured Forest Guard’s injuries and the prima facie allegations of joint assault justified refusing bail at that stage?
¶ 6–803Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of an application for regular bail.
¶ 1The Court stated that, at the bail stage, its role is confined to verifying whether a prima facie case exists; it does not determine the veracity of the prosecution allegations by examining the defence.
¶ 7Provisions in the judgment · 8 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Bharatiya Nyaya Sanhita, 2023 Section 296Section 351Section 115Section 121Section 132Section 109Section 3
04Reasoning
The Court considered the FIR’s specific allegations that the applicant and the co-accused acted with common intention and assaulted a Forest Guard performing public duties.
¶ 7The case diary contained an injury report and CT findings of an extra-axial hematoma, hemorrhagic contusions and other focal hemorrhages; the District Medical Officer opined that the risk of death could not be ruled out without prompt medical attention.
¶ 6Applying the prima facie standard, the Court declined to assess the truth of the allegations against the applicant in light of her defence.
¶ 7It treated the nature of the injuries and the gravity of the alleged offence as weighing against bail at that stage.
¶ 7–805Holding
The Court answered the bail question against the applicant and rejected her application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
¶ 9Original Court PDF
MANMATI BHUIYAvsSTATE OF CHHATTISGARH
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