Regular bail granted to accused woman with limited role, no recovery, completed investigation, and prolonged custody.

The applicant, Smt. Sonamani, was arrested in connection with Crime No. 02/2026 registered at Police Station Kotwali, Ambikapur, for offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The deceased, Durga Hari, was brought to Holy Cross Mission Hospital on 30 December 2025 in a dead condition. During the merg enquiry, the post-mortem report indicated that the injuries sustained by her were sufficient to cause death.

The prosecution alleged that, on 29 December 2025, the deceased informed witnesses that her husband had assaulted her near the ear with a nail or similar object.

It was further alleged that the applicant threatened to beat the deceased along with her father, Dhannu Ram.

The prosecution case was that Dhannu Ram assaulted the deceased with a wooden log, while the applicant assaulted her with fists and hands, causing injuries that ultimately resulted in her death.

The applicant had been in custody since 2 January 2026, and the charge-sheet had been filed before the competent court.

1. Whether the applicant was entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, despite being charged under Sections 103(1) and 3(5) of the BNS?

2. Whether the applicant’s role, the absence of any incriminating article seized from her, the period of custody, and the likely delay in conclusion of trial justified her release on bail?

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), governing the High Court’s power to grant regular bail.

The allegations were considered in the context of Sections 103(1) and 3(5) of the BNS, under which the applicant had been charged.

In deciding bail, the Court considered the nature and gravity of the offence, the material collected during investigation, the specific role attributed to the applicant, completion of investigation and filing of the charge-sheet, the period of custody, and the likelihood of delay in trial.

The Court acknowledged the seriousness of the alleged offence and examined the case diary and prosecution material.

It noted that the specific allegation against the applicant was that she assaulted the deceased with her hands and fists, whereas the co-accused, Dhannu Ram, was alleged to have used a wooden log, which was seized from his possession.

The Court further observed that no incriminating article had been seized from the applicant, that the charge-sheet had already been filed, and that she was a woman who had remained in custody since 2 January 2026.

Considering these circumstances, together with the likelihood that the trial would take time, the Court concluded that continued detention was not necessary at the stage of bail.

The High Court directed that Smt. Sonamani be released on furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court.

Her release was subject to conditions, including not seeking unnecessary adjournments when witnesses were present, appearing before the trial court on each date, complying with proceedings in the event of absence or misuse of bail, and personally appearing at the stages of opening of the case, framing of charge, and recording of her statement under Section 351 of the BNSS.