Order on Board

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 539/2025 registered at Police Station- Bhilai Nagar, District- Durg, (C.G.) for the offence punishable under Sections 296, 109, 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023, and under Section 25(1-B)(B) & 27 of the Arms Act.

RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN

2. Case of the prosecution, in brief, is that the complainant lodged a report stating that on 13.10.2025 at about 11:00 P.M., the present applicant along with two co-accused persons came to the complainant’s house and knocked on the main door, which was opened by the victim, namely Chandan Sona. Thereafter, the co-accused persons, namely Vikas Tandi and Jassu Tandi, forcibly entered the house and started abusing the victim, and with an intention to cause his death, assaulted him with a sharp-edged weapon, inflicting blows on his head and behind his ear. It is further alleged that when the complainant and his family members intervened, the assault was stopped, but the victim sustained serious injuries on vital parts of his body. On the basis of the said report, the police registered an offence vide Crime No. 539/2025 against the applicant and co-accused persons for aforesaid offences. Hence, the present bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no knowledge of the alleged incident. It is further submitted that the applicant has not participated in the commission of any offence and the specific allegation of assault is attributed to the co-accused persons, who are alleged to have used a sharp weapon, whereas the present applicant is only alleged to have been present at the spot; therefore, the offence under Section 307 is not attracted against her and her case stands on a different footing from that of the co-accused. It is also contended that no weapon has been recovered from the possession of the applicant. He further submits that the complainant, victim, and the accused persons are closely related family members, the applicant being the wife of the victim and the co-accused being his brothers, and due to existing family disputes, a minor quarrel has been given the colour of a serious offence, resulting in false implication. It is submitted that the injuries sustained by the victim are simple in nature and, as per the medical evidence, the opinion of the doctor is reserved and does not conclusively support the prosecution case. It is further submitted that even as per the statements of the complainant and the injured, the main allegation is against the co-accused who allegedly assaulted with a sword. He also submits that the trial is in progress, material witnesses have already been examined, including the complainant, victim, and doctor, and they have not supported the prosecution case and there are material contradictions and omissions in their depositions. It is further submitted that the applicant and the complainant, being mother-in-law and daughter-in-law, are well known to each other and the case arises out of personal and family discord. It is lastly submitted that the applicant has no previous criminal antecedents, is in jail since 14.10.2025 and the charge-sheet has been submitted before the competent Court, and the trial is likely to take considerable time for its conclusion. Therefore, he prays for grant of bail to the applicant.

4. On the other hand, learned State Counsel appearing for the non-applicant/State opposes the bail application and submits that the charge-sheet has not been submitted in the present case. He further submits that the allegations against the applicant are serious in nature, as she was present at the spot along with the co-accused persons and shared common in